Yamabe (Migration)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse a Partner (Temporary) (Class UK) visa, subclass 820 (Partner) visa, lodged by Ms Yamabe, a citizen of Japan, and her sponsor, Mr Kyle Dawes. The applicant had arrived in Australia in November 2012 and lodged her visa application in April 2015. The initial application for review was dismissed due to the failure of the applicant and sponsor to attend a scheduled hearing, but this decision was later reinstated. The Tribunal, presided over by James Lambie, heard oral evidence from both parties and considered documentary evidence including bank records, statutory declarations, address records, photographs, and a birth certificate.

The primary legal issue before the Tribunal was whether Ms Yamabe and Mr Dawes were in a genuine and continuing relationship, as required for the grant of a Partner visa. The Tribunal was required to assess various aspects of their relationship, including its financial arrangements, the nature of their household, and their social interactions, to determine its authenticity and commitment. A significant factor to consider was the birth of their daughter, Yuana, in August 2016, which occurred after the initial documentary evidence was provided to the delegate.

The Tribunal found that the parties commenced their relationship in November 2013, moved in together in November 2014, and became engaged in February 2015. The Tribunal was satisfied that their financial arrangements, though not involving a joint bank account, reflected a traditional sharing of household income and expenses, with Mr Dawes as the primary earner. The Tribunal placed significant weight on the parties' joint responsibility for the care and support of their daughter, noting this was their highest priority and a crucial component of their household arrangements. Furthermore, documentary evidence, including text messages, correspondence, and photographs, indicated that the parties were accepted by each other's extended families as being in a genuine and committed relationship, with evidence of visits to and from Japan and interactions with both families.

Based on the totality of the evidence, the Tribunal concluded that the relationship between Ms Yamabe and Mr Dawes was genuine and ongoing. Consequently, the Tribunal set aside the delegate's decision and substituted it with a decision to grant the Partner (Temporary) (Class UK) visa, subclass 820.