1924012 (Migration)

This matter concerned an appeal by a review applicant against a decision regarding a Partner (Provisional) (Class UF) visa, Subclass 309. The visa applicant, a citizen of Nepal, and the review applicant, an Australian citizen, met online in 2017 and married in Nepal shortly thereafter. The review applicant, who receives a disability support pension due to significant physical and cognitive impairments, lives with his family in Australia. The visa applicant lives with her parents in Nepal. The appeal was heard by Glynis Bartley, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the relationship between the visa applicant and the review applicant met the criteria for a Partner (Provisional) visa, specifically considering the limited financial and social aspects of their relationship, their living arrangements in different countries, and the nature of their commitment to each other. The Tribunal was required to assess the sincerity and genuineness of the relationship in light of the evidence presented, including additional documents and oral testimony.

The Tribunal considered the provisions of Regulation 1.15 of the Migration Regulations 1994, which outlines the matters to be considered when assessing a partner relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment. The Tribunal noted that while there were some minor discrepancies in the parties' accounts of how they met, their oral evidence was generally consistent and sincere. The Tribunal also had regard to the significant delay in processing the application and the additional evidence provided, which was not available to the original decision-maker. The Tribunal found that the visa applicant met certain criteria for the visa, specifically cl.309.211 and cl.309.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the visa applicant met the specified criteria.