Bui (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant, Tan Minh Nguyen, sought to establish that he was in a married relationship with the sponsor, Thi Hue Bui, an Australian citizen. The second applicant, Nguyen's daughter, was included on the application as a member of the same family unit.

The Tribunal was required to determine whether the parties were in a genuine and continuing married relationship, as defined by section 5F of the Migration Act 1958 (Cth). This involved assessing various aspects of their relationship, including financial and social elements, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal considered the evidence presented, including the parties' backgrounds, their meeting and cohabitation, and their marriage. It was noted that the definition of a spouse under section 5F(2) requires a mutual commitment to a shared life, a genuine and continuing relationship, and cohabitation, or not living separately and apart on a permanent basis. The Tribunal found that the first named visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named visa applicant met the specified criteria for a Subclass 309 visa. The reconsideration was to include the assessment of the remaining criteria for the visa, particularly in relation to the second named visa applicant.