Vrnakova (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal by Milena Vrnakova (the applicant) against a delegate's decision to refuse her Partner (Temporary) (Class UK) visa (subclass 820). The primary issue was whether the applicant and her sponsor, George Josipovic, had been in a de facto relationship for the 12 months preceding the visa application, and whether that relationship was genuine and continuing.

The Tribunal was required to determine if the applicant met the criteria for the Partner visa, specifically whether she was in a de facto relationship with the sponsor for the required 12-month period prior to her application, and if the relationship was genuine and continuing. The Tribunal also considered the implications of the sponsor advising that the relationship had ceased and the applicant's subsequent lack of engagement with the Tribunal's requests for information and documentation.

The Tribunal reasoned that while the applicant and sponsor initially claimed to be in a de facto relationship, the sponsor later informed the Tribunal that the relationship had ended. The applicant had also left Australia. Despite requests from the Tribunal, including a request for a signed withdrawal form and a request for information under section 359(2) of the Migration Act 1958 (Cth) to support their claims, neither the applicant nor the sponsor provided the necessary documentation or evidence. The Tribunal concluded that there was insufficient evidence to establish a genuine and continuing de facto relationship for the required 12 months prior to the application, particularly in light of the sponsor's advice that the relationship had broken down.

Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.