37 The respondent gave evidence that he told the applicant of his bisexuality about three weeks after he and the applicant commenced their relationship in September 2023 and that the applicant "was cool with it" (his words).[1] He said he was not aware the applicant was at the same time applying for her own permanent residency status. He said he was aware that every eligible profession gets preferential treatment in respect of applications for permanent residency status. However, he said he disagreed that he was aware that if the applicant was granted a visa for permanent residency then her spouse or partner could apply for permanent residency as well.[2]
38 Returning to the applicant's affidavit made 12 September 2024, at paragraph 17 she deposed to discussing with the respondent his request for her to add his name to her application for permanent residency. She said the respondent said he was not a permanent resident and that he had organised the marriage to help him. She said she was furious when finding that out. She said that she had subsequently obtained a copy of a marriage certificate purporting to record her marriage to the respondent. It revealed–:(a) the date of the marriage was late December 2023;
- (b) the place of the ceremony being a venue in New South Wales;
- (c) the groom as the respondent;
- (d) the bride as the applicant;
- (e) the celebrant being Mr C; and
- (f) the date of registration being a few days after the alleged ceremony.
39 The applicant exhibited to her affidavit a handwritten document headed "notice of intended marriage". She deposed to obtaining that document in response to a subpoena she issued directed to the NSW Registrar of Births, Deaths and Marriages in mid-2024. Several matters arose from that document including –
- (a) the author of the document was not identified yet the completion of the document called for detailed knowledge of each of the parties' parents including their places of birth;
- (b) the residential address of the applicant and the respondent was given as E Street, Suburb F (the respondent's address);
