1605485 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought to demonstrate that they were in a genuine spousal relationship with their sponsor, a requirement for the visa.

The central legal issue before the Tribunal was whether the parties were in a genuine and continuing spousal relationship, as defined by the Migration Regulations. This required the Tribunal to assess the credibility of the applicant and sponsor and to determine if the relationship was entered into for the purpose of obtaining a migration outcome rather than for genuine marital reasons.

The Tribunal found significant inconsistencies between the evidence provided in the current application and evidence given in previous applications. These inconsistencies, along with a lack of evidence supporting a genuine spousal relationship, led the Tribunal to conclude that the relationship was contrived and entered into solely to secure a migration outcome. Consequently, the Tribunal affirmed the decision not to grant the visa.