Chen (Migration)

In *Chen (Migration)*, the Administrative Appeals Tribunal (AAT) considered an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought review of a delegate's decision to refuse the visa, which was based on the finding that the applicant's relationship with their Australian partner was not genuine and continuing. The applicant contended that they were validly married and that their relationship met the criteria for a genuine and continuing spousal relationship, encompassing financial, household, and social aspects, as well as demonstrating a nature of commitment.

The primary legal issue before the Tribunal was whether the applicant had discharged the onus of proving that their relationship with their partner was genuine and continuing, as required by the *Migration Regulations 1994* (Cth). This involved assessing the evidence presented across the various dimensions of the relationship, including the financial and household arrangements, the social presentation of the couple, and the overall commitment to the relationship.

The Tribunal, applying the principles established in migration law concerning the assessment of spousal relationships, reviewed the evidence provided by the applicant. It found that while some aspects of the relationship were supported by documentation, there were deficiencies in demonstrating the depth and genuineness of the commitment and the integration of the couple's lives. Consequently, the Tribunal determined that the applicant had not satisfied the delegate that the relationship was genuine and continuing to the required standard. The decision of the delegate was set aside and remitted to the delegate for reconsideration.