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35 The impugned wedding was allegedly held in late December 2023 and the applicant deposed to returning to Melbourne three days later. She gave no evidence of events during this period. Importantly, she did not say where she lived nor with whom she lived with in that period. If she lived separately from the respondent she did not depose to conversations with the respondent about their living arrangements at the time.

36 Instead, the applicant moved from the events in late December 2023 to events on an unidentified date after she and the respondent returned to Melbourne. She said that during that time the respondent "pleaded" (her word) that she should add his name to her application for permanent residency. She gave no evidence about the respondent's residency status and why, on her version of events, he needed her to add his name to her residency application. The answer emerged from questions put to the respondent in cross-examination. The exchange unfolded in the following manner –

MR GODDARD: So you came to Australia in 2018?---Yes.

And you came on a – well, what were the circumstances of your arrival?---I was a student

Student?---Yes.

Okay. And you since arriving have sought a protection visa?---Yes.

Yes. And you have not – is that on the basis of a refugee status?---So it's a humanitarian visa and I'm – and I'm on the bridging visa A.

Okay. So since arriving in 2018 as a student, when did you make the application for a humanitarian visa?---That was in 2022?

2020 or 2022?---2022.

2022. Okay. So for the last couple of years you have been on a bridging visa awaiting a determination as to the protection visa; is that correct?---Yes.

Okay. And you're hoping to become a permanent resident and a citizen of Australia eventually?---Yes.

Okay.

HIS HONOUR: Sorry, just before you leave that, what's the basis of your application for protection? You have a well-founded fear of persecution if you return to [Country D]; is that it?---Yes.

What in particular?---Because – so there were a lot of circumstances that surrounded my living in [Country D], and I filed an application because through my – throughout my period of studies I was traumatised. I had some issues. I had a psychologist.

Based on what?--- Okay. So my sexual orientation.

What's that? Sexual orientation.

What do you mean by that?---Yes, I'm – I'm bisexual.


Ryba & Achthoven [2024] FedCFamC1F 674
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