Cengic Karup (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309, made by Ms Cengic (the applicant) in relation to her spouse, Mr Karup (the sponsor). The primary dispute concerned whether the relationship between the applicant and the sponsor was genuine and subsisting, and whether they had a committed relationship at the time of the application.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 309 visa, specifically in relation to the duration and genuineness of her relationship with the sponsor. The Tribunal also had to consider the evidence presented, including several trips taken together, the applicant's genuine interest in the sponsor's children's welfare, and financial support provided through a travel card, in assessing the committed nature of their relationship.

The Tribunal found that, despite the short duration of the relationship, the evidence demonstrated a subsequent committed relationship. The Tribunal considered the various factors presented as indicative of a genuine and continuing relationship. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant meets the criteria specified in cl.309.211 and cl.309.221 of Schedule 2 to the Regulations.