1932713 (Migration)

This matter concerned an appeal by a sponsor against a decision by the Migration Review Tribunal regarding a Partner (Provisional) (Class UF) visa, subclass 309. The primary issue was whether the applicant had demonstrated a genuine and continuing relationship with her sponsor, who was an Australian permanent resident. The applicant, who resided in Pakistan, had been married to the sponsor since [Year 5]. The sponsor had departed Pakistan in 2011 to seek protection in Australia and had not seen the applicant since.

The Tribunal was required to determine if the relationship between the applicant and sponsor was genuine and continuing, considering the long separation and limited contact. Additionally, the Tribunal had to assess whether the applicant's young adult children qualified as members of the family unit, specifically whether they were dependent on the applicant and sponsor for financial support to meet their basic needs. The Tribunal also considered evidence of the sponsor's past relationship with another woman in Australia and the applicant's awareness of this.

The Tribunal found that while the sponsor had admitted to a relationship with another woman in Australia, this relationship had ceased and the visa applicant was aware of it. The Tribunal accepted that the applicant and sponsor had a long-term marriage in their home country and had provided evidence of regular financial support and communication. Crucially, the Tribunal determined that the applicant's two adult daughters, who were studying and living with her in Pakistan, were dependent on her for financial support for their basic needs, especially given the dangerous security situation in Quetta.

Consequently, the Tribunal concluded that the applicant met the criteria for the visa, including being in a genuine and continuing relationship with the sponsor and having dependent children who were members of the family unit. The Tribunal remitted the matter for reconsideration, indicating that the decision under review was not to be affirmed.