The Federal Court aptly referenced Frank Sinatra’s hit on “love
& marriage” in deciding whether romantic love is a requirement for
a partner visa.
This case involved a couple who were undoubtedly in a relationship of sorts, but admittedly not “in love”. The Federal Court in rejecting an appeal from the Federal Circuit Court, unanimously held that the absence of romantic love was not necessarily fatal in determining a partner visa application. The Court held that romantic love is not a determinative factor and cannot be elevated above the considerations in which a delegate is bound to consider.
This does not mean that applications based on contrived relationships will have greater chances of success; all standards of the regulations must still be satisfied. This case does however recognise that people enter into relationships for a variety of reasons - love not always topping the list.
Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 (29 January 2016).
If you have any queries in relation to your partner visa application, please contact Nevett Ford Lawyers Melbourne on (03) 9614 7111 or melbourne@nevettford.com.au.
This case involved a couple who were undoubtedly in a relationship of sorts, but admittedly not “in love”. The Federal Court in rejecting an appeal from the Federal Circuit Court, unanimously held that the absence of romantic love was not necessarily fatal in determining a partner visa application. The Court held that romantic love is not a determinative factor and cannot be elevated above the considerations in which a delegate is bound to consider.
This does not mean that applications based on contrived relationships will have greater chances of success; all standards of the regulations must still be satisfied. This case does however recognise that people enter into relationships for a variety of reasons - love not always topping the list.
Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 (29 January 2016).
If you have any queries in relation to your partner visa application, please contact Nevett Ford Lawyers Melbourne on (03) 9614 7111 or melbourne@nevettford.com.au.
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