Chiu (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision to refuse this visa.

The primary legal issue before the Tribunal was whether the applicant and their sponsor had a genuine and ongoing relationship, as required for the grant of the visa. The Tribunal was also required to determine if the applicant met the criteria specified in cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Regulations.

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal noted that the applicant and sponsor had married since the refusal and had established a joint bank account. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the relevant criteria.