CUHADAR (Migration)

The Administrative Appeals Tribunal considered the case of Mr Cuhadar and Mrs Nguyen concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The primary issue before the Tribunal was whether the parties were in a genuine and continuing spousal relationship at the time of the visa application and at the time of the decision. The Tribunal had before it significantly more information than was available to the original decision-maker.

The legal issue for determination was whether Mr Cuhadar and Mrs Nguyen were in a genuine spousal relationship, as defined by the *Migration Act 1958* and *Migration Regulations 1994*, at the relevant times. This required an assessment of various aspects of their relationship, including financial contributions, the nature of their household, their social interactions, and the overall commitment they had to each other as a married couple.

The Tribunal applied the principles outlined in s 5F of the *Migration Act 1958* and reg 1.15A of the *Migration Regulations 1994*, which require consideration of the financial aspects, nature of the household, social aspects, and the nature of the commitment to each other. The Tribunal noted the extensive travel history of Mr Cuhadar to Vietnam, the parties' engagement and marriage, and the lodging of updated forms after an adjourned hearing. Given the volume of information and the need for a comprehensive assessment of the relationship's genuineness and continuation, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration, directing that the first named visa applicant meets the criteria specified in cl 309.211 and cl 309.221 of Schedule 2 to the Regulations. The application of the second named visa applicant, Thanh Phuong Trang Nguyen, will be determined by reference to the outcome of Mrs Nguyen’s application on remittal.