Diep (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Diep for review of a decision by the Minister to refuse to grant her a Partner (Temporary) (Class UK) visa, subclass 820. The refusal was based on the Minister's assessment that Ms Diep had not established that her relationship with her sponsor was genuine and continuing, and that they did not have a mutual commitment to a life together.

The AAT was required to determine whether Ms Diep and her sponsor had demonstrated a genuine and continuing spousal relationship, encompassing the financial, social, and household aspects of their life together, as well as their mutual commitment to a life together. This involved assessing the evidence presented to establish the bona fides of their relationship.

In reaching its decision, the AAT considered the various factors relevant to assessing a spousal relationship under the *Migration Regulations 1994* (Cth). The Tribunal found that while some aspects of the relationship were satisfactory, there were significant deficiencies in the evidence presented regarding the financial interdependence, the nature of their household arrangements, and the social aspects of their relationship. Critically, the AAT found that the evidence did not sufficiently demonstrate a mutual commitment to a life together on an ongoing basis. The Tribunal concluded that the cumulative effect of these deficiencies meant that the applicant had not satisfied the criteria for the grant of the visa.

The AAT affirmed the decision under review, meaning the Minister's refusal to grant the visa was upheld.