If anyone can help me on this matter please reply.
I got a letter from department yesterday that my partner visa is refused cus for them its not genuine after 2 years and 4 months. 2 weeks ago they ask my to go for a medical and police reports.
I will attach the copy of the letter that they sent to me. I want to know why they didn't look into my documents properly. This is a very genuine relationship. They didn't even call for an interview.
Im so depressed about this situation.
Information and evidence considered
I am a delegated decision maker under Section 65 of the Migration Act 1958. In reaching my decision I have considered the following:
relevant legislation contained in the Migration Act and the Migration Regulations 1994 (the Regulations)
information contained in the Department’s Procedural Instructions
all documents and information provided by the applicant(s).
From all the information available to me, including the documents and information provided, I find that the criteria for the grant of a Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) visa are not met.
Reasons and Decisions
I have assessed the application and the reasons for my decision are detailed below.
Under migration law, an application is made for a class of visa and your application must be considered against the criteria for all subclasses within that visa class.
There are two visas that you have applied for and each of those visas has only one subclass:
Partner (Temporary) (Class UK) Subclass 820;
Partner (Residence) (Class BS) Subclass 801.
As (primary) applicant you must, at time of application, satisfy clause 820.211 by meeting the requirements of at least one of subclauses (2), (5), (6), (7), (8), or (9)
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I have considered subclauses (5), (6), (7), (8), and (9) of clause 820.211, and I find that your circumstances do not fall within those provisions. I therefore find that you do not satisfy any of them.
I have assessed your application under Subclause (2) of clause 820.211. Subclause (2) requires you are, at time of application, the spouse or de facto partner of the sponsoring spouse. The definition of spouse and de facto partner is given in section 5F and 5CB respectively and is shown in the attachment.
As you are in a married relationship with the sponsor, you do not meet the definition of de facto partner under section 5CB, and therefore I must be satisfied that you are the spouse of the sponsor. In summary, section 5F states that the visa applicant and sponsor must have a mutual commitment to a shared life, a genuine and continuing relationship, and live together or not live separately and apart on a permanent basis. Regulation 1.15A makes provisions for determining whether the conditions of section 5F exist. These provisions include:
the financial aspects of the relationship;
the nature of the household;
the social aspects of the relationship; and
the nature of the persons' commitment to each other.
On 13/01/2020, you were provided with procedural fairness and requested to provide evidence of your relationship with your sponsor.
To date, you have provided the following evidence to demonstrate that you are the spouse or the de facto partner of a person who is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen:
Marriage certificate, bank statement, evidence of travel, photos, form 888’s
In assessing the financial aspects of the relationship, I have considered your financial arrangements with your sponsor such as joint ownership of assets, the extent to which you have pooled your financial resources, any legal obligations or joint liabilities each of you has to the other and the general sharing of household expenses.
You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019. This statement has transactions listed including a salary paid into this account but I am not satisfied that it shows it is used regularly by both you and your sponsor. I give this evidence little weight to you and your sponsor combining your finances and it is also noted only 3 weeks of transactions have been provided.
I am not satisfied that at the time of application, you and your sponsoring partner had any joint assets, had made any joint purchases, or that you shared any past, current or ongoing financial responsibilities.
Nature of the Household
In assessing the genuine and continuing nature of the relationship, I have considered your living arrangements such as shared living spaces and your daily routine.
You and your sponsor have provided a joint bank account statement for the period 03/04/2019 to 24/04/2019 which lists the address XXXXXXXXXXXXXXX. No other evidence has been provided to show that either you or your sponsor reside at this address therefore I give this little weight to showing you and your sponsor reside together as a couple.
As you and your sponsor applied on spouse grounds, you must establish that you live together as a committed couple or not apart on a permanent basis at time of visa application lodgement. After
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considering all information provided I am not satisfied that you had both established a shared household, with shared responsibilities for the running of the household at time of application lodgement, which was 15/11/2017.
In assessing the social aspects of the relationship, I have considered your social interactions such as the way you and your sponsor represent your relationship to others and the level of recognition of your relationship by friends and family.
You and your sponsor have provided photos taken of yourselves with each other, and with family and friends. Also provided is evidence of joint travel from 08/12/2017 to 06/01/2018. While this evidence shows that you and your sponsor have undertaken some social activities, have met each other’s friends and families, and have travelled together, I am not satisfied that it is sufficient evidence of a committed spouse relationship.
You and your sponsor have provided two form 888 statutory declarations from friends and family. Both declarations confirm that they have contact with you and your sponsor. They have also given reasons as to why they believe your relationship is genuine and continuing, therefore I am satisfied this evidence shows that you represent yourselves as a couple to your friends and family. I give these statements some weight.
You have provided some evidence of the social aspects of your relationship. However, there is no convincing evidence that at the time of application lodgement, you presented yourselves as spouses to family or the wider community, that you had attended any significant events together or that you belonged to any organisations or groups.
Nature of the Persons’ Commitment to each other
In assessing the nature of your commitment to each other, I have considered the circumstances of your meeting, relationship development, length of time you have lived together, the degree of companionship and emotional support that you draw from each other and whether you see the relationship as a long-term one.
In the electronic application form you claim to have met your sponsor on 05/06/2006 and were married on 06/11/2017. I accept that you and your sponsor are lawfully married as you have provided a marriage certificate. However, you have not provided any other evidence of mutual obligation, companionship, emotional support and long term planning - typical elements of a marriage.
After assessment of all the information provided I am not satisfied that you have demonstrated that you see the relationship as a long-term one, that you draw emotional support and companionship from each other or that you have a commitment to a shared life together.
I have considered all the evidence and information you have provided in relation to the matters prescribed under regulations 1.15A and 1.09A, and consider that it is not sufficient to demonstrate that you are the spouse or de facto partner of the sponsor, as defined under section 5F and 5CB of the Migration Act.
Decision – Partner (Temporary) (Class UK) (Subclass 820) visa
As you do not meet the definition of spouse or de facto partner under section 5F or 5CB of the Migration Act I am therefore not satisfied that you meet subclause 820.211(2)(a) of the Migration Regulations. Consequently, you do not meet clause 820.211, which is a criterion that must be satisfied by you at the time of application.
I therefore refuse your application for a Partner (Temporary) (Class UK) visa.
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As your Partner (Temporary) (Class UK) (Subclass 820) visa has been refused, you are not the holder of a Subclass 820 visa. Therefore, you do not meet the requirements of subclauses 801.221(2), (2A), (3), (4), (5) or (6).
Further, you are not a person who has held a Subclass 820 visa that ceased on notification of a decision of the Minister to refuse you a Subclass 801, in circumstances where the refusal decision was reviewed by the Tribunal and remitted to the Minister for reconsideration, and where you have been assessed as meeting the criteria for the grant of a Subclass 801 visa apart from the criterion requiring you to hold a Subclass 820 visa. Therefore, you do not meet the requirements of subclause 801.221(8).
As you fail to satisfy the requirements of any of subclauses 801.221 (2), (2A), (3), (4), (5), (6) or (8), you therefore fail to satisfy the requirements of clause 801.221.
As you do not meet clause 801.221, I have not assessed whether you meet the remaining criteria for the grant of a Subclass 801 visa because it is unnecessary for me to do so.
Decision for Partner (Residence) (Class BS) (Subclass 801)
As you do not meet clause 801.22, I find that you do not meet the criteria for a Partner (Residence) (Class BS) (Subclass 801) visa. Therefore, I refuse your application for a Partner (Residence) (Class BS) (Subclass 801) visa.