Carle (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision concerning her visa application and that of her daughter, who was a secondary applicant. The sponsor had provided reasonable financial support to the applicant and her daughter, and the couple viewed their relationship as long-term and genuine.

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 309 visa, specifically in relation to the genuineness and continuing nature of the relationship between the primary applicant and her sponsor, as well as the eligibility of the secondary applicant as a dependent child. The Tribunal also had to consider the various aspects of the relationship as outlined in the Migration Regulations 1994, including financial, household, social, and commitment elements.

The Tribunal found that the relationship between the primary applicant and her sponsor was genuine and continuing, and that they were committed to one another. The secondary applicant, a dependent child studying full-time, also met the relevant criteria. Applying the principles set out in the Migration Regulations 1994, which require consideration of all circumstances of the relationship, the Tribunal concluded that certain criteria for the visa were met.

Consequently, the Tribunal remitted the applications for Partner (Provisional) (Class UF) visas to the Minister for reconsideration. The remittal was accompanied by a direction that the first named visa applicant met specific criteria under clauses 309.211, 309.212, 309.213, and 309.221 of Schedule 2 to the Regulations, and the secondary applicant met the criteria under clause 309.311 of Schedule 2 to the Regulations.