1900234 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The dispute centred on whether the visa applicant was the spouse of the review applicant (the sponsor) at the time of application and decision, and whether their relationship was genuine and ongoing. The decision was made by Anne Grant, a Member of the Tribunal.

The legal issues before the Tribunal were whether the parties had met the criteria for a Subclass 820 (Partner) visa, specifically concerning the genuineness and ongoing nature of their relationship. This required an assessment of various aspects of their relationship, including financial, household, social, and commitment elements, as outlined in the Migration Regulations 1994.

The Tribunal considered a range of evidence, including marriage certificates, birth certificates, witness statements from family and friends, joint financial documents such as utility bills and bank statements, and personal statements from both parties. While the parties provided evidence of their marriage and cohabitation, including the birth of a child, the Tribunal noted that the child was not biologically related to the sponsor. The sponsor, however, expressed his commitment to the child and the relationship. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Partner (Temporary) (Class UK) visas with the direction that the first named applicant met certain criteria for a Subclass 820 (Partner) visa, and that the second named applicant also met specific criteria for the same visa subclass.