Dang (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse to grant Partner (Migrant) (Class BC) visas to Mrs Dang and other family unit members. The applicants had applied for the visas on the basis of Mrs Dang’s relationship with Mr Nguyen. The primary criteria for the visa required Mrs Dang to be the spouse or de facto partner of Mr Nguyen, unless the relationship had ceased and certain circumstances, such as family violence committed by the sponsor, existed. The delegate had refused the visas, finding that Mrs Dang did not meet these primary criteria.

The Tribunal was required to determine whether Mrs Dang was the spouse of Mr Nguyen, whether their relationship had broken down, whether Mrs Dang had made a valid claim of family violence, and whether she had in fact suffered family violence. Before addressing these substantive issues, the Tribunal considered preliminary matters concerning the conduct of the case, including adverse information provided to Mrs Dang and the credibility of Mrs Dang and her witnesses. The Tribunal also noted that two certificates issued under s.375A of the Act had been revoked upon review, and that the conduct of the applicants' representative in withholding a relevant court decision had been obstructive.

The Tribunal found that it was not satisfied that Mrs Dang was the spouse of Mr Nguyen. Consequently, the primary criteria for the grant of the visa were not met. As the other applicants could not satisfy the secondary criteria under cl.100.321 without Mrs Dang meeting the primary criteria, the Tribunal affirmed the decision not to grant the Partner (Migrant) (Class BC) visas.