Baturi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), made by an applicant whose supporting documentation had not been submitted to the Department by their agent. The applicant subsequently provided this documentation, including birth certificates for two children, to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had established a genuine and continuing relationship with their partner, as required for the grant of a Subclass 100 visa. The Tribunal also had to determine the weight to be given to the documentation provided directly to it, as well as the oral evidence presented by the applicant.

The Tribunal found that the oral evidence provided by the applicant was consistent and credible. It also considered the supporting documentation, including the birth certificates of the couple's two children, which further supported the genuineness of the relationship. Based on these findings, the Tribunal determined that the applicant met the criteria for the visa.

Consequently, the Tribunal remitted the application for the Partner (Migrant) (Class BC) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under cl 100.221 of Schedule 2 to the Regulations.