Varhelyi (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a delegate's decision to refuse the visa, which was based on the delegate's dissatisfaction with the evidence provided to demonstrate a de facto relationship of 12 months prior to the application date, and the absence of compelling reasons for any shortfall in documentation.

The primary legal issues before the Tribunal were whether the applicant and sponsor had been in a de facto relationship for at least 12 months prior to the visa application, and whether the provided documentary evidence sufficiently satisfied the criteria for the grant of the visa under the Migration Regulations 1994 (Cth). The Tribunal was also required to consider whether a hearing was necessary given the material before it.

The Tribunal found that considerable new documentary evidence had been submitted, including extensive statements from family and friends, photographs, financial records, and communication logs, which substantiated the applicant and sponsor's claim of a continuous and genuine relationship maintained over several years, despite international travel for work. The Tribunal was satisfied that this new evidence demonstrated the couple met the criterion of having lived together for 12 months prior to the application. Pursuant to s 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal determined that a hearing was not necessary as it could find in favour of the applicants based on the material before it.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant met the relevant criteria for the Subclass 820 visa. As the primary applicant met the requirements, it followed that the secondary applicant also met the requirements for the grant of the visa.