Todo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant sought review of a decision not to grant this visa. The core of the dispute was whether the applicant's relationship with the sponsoring partner had ceased, and if so, whether any statutory exemptions applied to allow the visa application to proceed.

The Tribunal was required to determine if the applicant met the criteria for the grant of the visa, specifically whether they were the spouse or de facto partner of the sponsoring spouse at the time of the decision, as stipulated by clause 100.221 of the Migration Regulations 1994. This involved assessing whether the applicant and the sponsor continued to meet the requirements for a de facto relationship as defined by section 5CB of the Migration Act 1958 and regulation 1.09A, and whether any of the alternative requirements under clause 100.221 were satisfied.

The Tribunal found that the applicant had been granted a temporary Partner visa (subclass 309) based on their relationship with the sponsor, but the Department was later informed that the relationship had ceased. Despite multiple requests for information from the Department and the Tribunal, the applicant failed to provide a response regarding the relationship breakdown. Consequently, the Tribunal was not satisfied that the applicant and the sponsor continued to meet the criteria for a de facto relationship, including sharing a joint household, domestic responsibilities, finances, or presenting themselves as a couple. The Tribunal also found no evidence to suggest the sponsoring partner had died, meaning the applicant did not meet the criteria under clause 100.221(2), (2A), or (3). The applicant did not claim any other statutory exceptions.

Therefore, the Tribunal affirmed the decision not to grant the applicant the Partner (Migrant) (Class BC) visa, Subclass 100, as the applicant did not satisfy the necessary visa criteria.