High Court rules against ATO, finding tax debts can be shifted between spouses
Online developed relationship can be geniune
Migration Review Tribunal remitted the Department’s Decision in relation to a Subclass 309 Partner (Provisional) Visa
FACTS
The Department of Immigartion refused to grant the visa on the basis that the applicants did not have a genuine spousal relationship and did not meet the requirements of the Migration Regulations.
HEARING
The applicants claimed that they met and became online friends as a result of common interests. They claimed that the relationship developed online without mutual knowledge of their age gap until the visa applicant proposed marriage. The applicants claimed that the age difference was of no issue.
The review applicant stated that she travelled to Gaza in order to marry the applicant. The applicants claimed that they had spent time together during two occasions in Gaza and during one occasion in Italy where the review applicant’s family lived.
The Migration Review Tribunal accepted that the applicants had shared a household on three occasions with their respective families.
The Tribunal also accepted that the review applicant sent the visa applicant money for his birthday and paid for their flights to Italy, and that on the review applicant’s return to Australia, the visa applicant had given her cash to tie her over until her salary was paid.
The Tribunal accepted the evidence provided to substantiate the social aspects of their relationship, which included a series of photos of the applicants with both sides of their families and detailed statutory declarations which attested to the genuine nature of their relationship. The Tribunal noted the extensive communication between the applicants; that the review applicant had travelled to Gaza despite the risks, and that the visa applicant had returned to Gaza rather than seek asylum in Italy. The Tribunal accepted that the age difference was of no issue to the applicants.
DECISION
Based on the evidence before it, the Tribunal found that the applicants were in a genuine spousal relationship and was therefore satisfied that they met this visa requirement.
The Migration Review Tribunal remitted the case to the Department for consideration of the remaining visa criteria.