Vojinovic (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs (DOHA) to refuse Ms. Vojinovic a Partner (Residence) (Class BS) Subclass 801 visa. Ms. Vojinovic had been granted a temporary partner visa based on her spousal relationship with Mr. Dragicevic. DOHA had requested updated information to confirm the genuine and continuing nature of their relationship, but Ms. Vojinovic failed to provide the requested documentation. Consequently, the delegate refused to grant the permanent visa.

The primary legal issue before the Tribunal was whether Ms. Vojinovic had provided sufficient evidence to satisfy the criteria for a Subclass 801 visa, specifically demonstrating that her relationship with Mr. Dragicevic was genuine and subsisting at the time of the delegate's decision. This involved assessing the evidence presented to establish the financial aspects of their relationship and the nature of their household. The Tribunal was required to determine if the applicant had met her evidentiary obligations, given that the onus is on the applicant to provide sufficient detail for the Tribunal to establish the relevant facts in administrative decision-making.

The Tribunal reasoned that Ms. Vojinovic had not provided persuasive evidence to support a genuine spousal relationship. While she claimed to be a carer and provided some documents, these were often out of date or insufficient. For instance, financial records were requested but not adequately supplied, and the evidence regarding a significant personal debt did not demonstrate a joint financial responsibility indicative of a married couple. Furthermore, the provided social media links yielded limited relevant photographs, and the statutory declarations, while supportive, did not conclusively establish the nature of the relationship beyond a professional or business association. The Tribunal concluded that the evidence regarding the financial aspects and the nature of their household was insufficient to satisfy the requirements for a genuine married relationship.