Australia Federal Court gives landmark ruling for Partner Visa

Australia Federal Court has given a landmark ruling for Partner Visa. It has said that lack of interest in the partner’s religious life does not necessarily imply that applicant is not offering emotional support to the partner. This cannot be considered as the sole ground for refusing the application for the Partner visa, ruled the Australia Federal Court.

The landmark ruling given by the Australia Federal Court was in the case Singh Vs DIBP Minister, 2017, FCA: 1298. The applicant, in this case, was a citizen of India. He had originally arrived in Australia on the Student visa in 2009. He met his future wife in 2012 and she is an Australian citizen. They married in 2013 march. In August 2013 he applied for the Partner visa, as quoted by the Migrationalliance.

The applicant of the Partner visa is a Sikh and his wife is a Christian. This was the critical aspect of the relationship for the purpose of the case in the Australia Federal Court.

The application for Partner visa was refused by the DIBP. The applicant then appealed to the Tribunal. In the evidentiary hearings, he had said that he did not bother to inquire with his wife as to which church she belonged to. The Tribunal then made a finding that the applicant had a lack of interest in the church of the sponsor. This was an indication of the lack of his support for her and affirmed the refusal of Partner visa.

Justice Charlesworth said that the lack of interest in the religious life of the partner is not evidence in itself for determining the genuine nature of the relationship. It also does not prove that parties to the relationship lack in emotional support. The court thus reversed the refusal of Partner visa by the Tribunal for the applicant in this case.

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