Background Facts and Decision for Refusal of the Partner Visa Appeal at the AAT
The Partner visa application was refused by the Department of Home Affairs and an appeal was later lodged at the Tribunal (i.e. AAT). The Partner visa application was refused mainly due to insufficient evidence of being a spouse or de facto partner.
The Tribunal determined the parties are validly married based on the registered certificate. The Tribunal then continues to consider the criteria for a spousal relationship and discusses the evidence presented during the process of application.
Reason for Tribunal to Affirm Department’s Decision on the Partner Visa Refusal
Upon assessment, the Tribunal finds the evidence insufficient to establish that the applicant and the sponsor were spouses at the time of the Partner visa application. The Tribunal highlights inconsistencies in oral evidence, lack of documentation from the time of application, and discrepancies in living arrangements. Financial, household, social, and commitment aspects were also not sufficient or satisfactory to establish genuine and continuing spousal relationship for the following reasons:
- Living Arrangements: The Tribunal observed that the applicant and the sponsor were not residing together in 2017 based on evidence, such as ATO notices of assessment and a rental agreement. This contradicted the oral evidence provided by the couple, leading the Tribunal to question the reliability of their statements provided in their partner visa application.
- Documentation: The applicant failed to provide documents dated at the time of the application in 2016. The Tribunal noted that crucial evidence, such as joint financial documents and a rental agreement, was only provided later, raising concerns about the authenticity and accuracy of the information.
- Financial Aspects: While the Tribunal acknowledged the existence of a joint bank account from July 2017, it found insufficient evidence that the parties shared day-to-day household expenses or jointly owned major assets. The financial aspects of the relationship were deemed insufficient to support a genuine and continuing relationship and meet the requirement of the partner visa application.
- Nature of the Household: The Tribunal concluded that there was insufficient evidence to indicate joint responsibility for the care and support of children or shared household responsibilities. It questioned the applicant’s claim about living arrangements, as recorded in ATO notices of assessment, and found that the parties were living separately and apart.
- Social Aspects: While some evidence suggested the parties represented themselves as married, the Tribunal found limited contemporaneous evidence related to the time of application. Statements from friends and relatives lacked details about the circumstances of the relationship at that specific time.
- Commitment: The Tribunal questioned the nature of the commitment between the parties, noting the lack of evidence supporting the applicant’s claims of providing support to the sponsor due to mental health issues. Inconsistencies in the employment status and health declarations also raised doubts.
In summary, the Tribunal considered discrepancies in living arrangements, the absence of contemporaneous documentation, and inadequacies in financial, household, and commitment aspects as reasons for deeming the evidence insufficient to establish a genuine and continuing spousal relationship to meet the requirement of the partner visa.
Take on this case.
The Case shows that too much evidential inconsistencies, and a lack of support for the four pillar to show genuine and continuing relationship will result in the Tribunal to affirm the Department’s refusal. Whether your case seems straightforward, complicated, or you’re unsure, consult our immigration lawyers or agents. Schedule a consultation to benefit from our expertise, streamlining your Partner visa application to ensure your application meet all requirements.
