Woo (Migration)

This matter concerned an application for review by the applicant of a decision by a delegate to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought to establish that they were in a de facto relationship with an Australian citizen for at least 12 months prior to the visa application. The Tribunal affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship for the requisite 12-month period preceding the visa application. This required the Tribunal to consider the definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth) and the matters set out in regulation 1.09A of the Migration Regulations 1994 (Cth), which include financial, household, social aspects, and the nature of the commitment to each other.

The Tribunal noted that no further evidence was provided by the applicant beyond that submitted to the Department. Crucially, the applicant failed to respond to the Tribunal's invitation, issued under section 359(2) of the Act, to provide information regarding the de facto relationship by the prescribed date. Consequently, the Tribunal proceeded to make a decision without further steps to obtain information, as permitted by section 359C of the Act. In the absence of any evidence demonstrating the existence of a de facto relationship, the Tribunal was not satisfied that the requirements of section 5CB(2) of the Act were met.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant did not meet the criteria under clauses 820.211(2) and 820.221 of the Migration Regulations 1994, nor the additional criteria prescribed in regulation 2.03A.