Highlights
Scenario:
James Cook has a UK passport and he came to Australia on a working holidaysubclass 417 visa on 22 December 2018. James met Gillian Liong, an Australiancitizen, whilst he was working in a small coffee shop near Sydney Harbour.They became very close and started living together from 20 October 2019.Gillian was renting a new unit, and James joined her on the lease before they movedin.They were advised by a friend to get a relationship registration, which arrived on 15December 2019 before James’ visa finished. At the time they were very busy, so theyrushed the partner visa application which was lodged online on 20 December 2019,but it did not add many items of evidence to it.Their statements were short and their two witness statements were also very short,with little detailEven though they had a joint account, not much money was in it because Gillian onlyworks part time, whilst she is studying. James stopped work at the coffee shopbecause they thought his visa had finished.James’s subclass 417 visa finished on 22 December 2019.On 2 April 2020, the Department wrote to them requesting more information on thenature of the relationship, but they missed the email because Gillian was pregnant,and not well, so she needed to visit the doctor quite often. The Department refusedthe visa application on the basis that the delegatewas not satisfied that the evidenceshowed their relationship was genuine and continuing, and the application thereforedid not meet the requirements of paragraph 5CB(2)(b) of the Migration Act 1958 (Cth).
The refusal email was dated 2 July 2020.
James lodged his AAT review application on 19 July 2020.Gillian had a baby boy, who they named Joe, on 20 December 2020. Joe had a fewmedical issues after birth, and so needed extra care, but he seems to be well now.Gillian kept copies of the medical records.The AAT has written to James about the hearing. The AAT set a hearing date for 27May 2021 and James has instructed you to prepare submissions.
James has a job with a new coffee shop. It is about 2 hours’ drive from their unit, butneither of them has a car and it takes nearly 3 hours to get to the café on publictransport. James sometimes has the early morning shift so he stays at the home of hisboss on the day before his morning shift tobe sure he arrives early for work. His bossneeds James more often now so James has been staying at his boss’s home for 3days in the week, and going home to Gillian, and their son Joe, on Fridays for theweekend.
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