Ye (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, lodged by the applicant. The applicant claimed that her relationship with the sponsor had ceased and that she was a victim of family violence perpetrated by the sponsor. The sponsor had since died. The Tribunal was required to determine whether the applicant and the sponsor were ever genuine de facto or spousal partners as defined by the relevant sections of the Act.

The primary legal issues before the Tribunal were whether the parties were in a valid marriage for the purposes of the Act, and alternatively, whether they were in a de facto relationship. A de facto relationship was defined by section 5CB of the Act, requiring a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation or not living separately and apart on a permanent basis, and that the couple were not related by family. The Tribunal also considered whether the sponsor was an eligible person, which was satisfied as he was an Australian citizen who had turned 18 at the time of the visa application and decision.

The Tribunal found that while the parties had married on 29 November 2016, which was after the visa application was lodged, this marriage was valid for the purposes of the Act. However, the Tribunal concluded that there was no evidence before it that the applicant satisfied any of the alternative criteria for the grant of the visa, specifically relating to meeting the requirements of clauses 820.211(2)(a) and 820.221. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.