Dinh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision to refuse the visa. The Federal Circuit Court had remitted the matter to the Tribunal for reconsideration.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing relationship, as required by section 5F of the Migration Act 1958 (Cth) for the definition of a spouse. This involved assessing whether the parties met the criteria for a married relationship, including being validly married, having a mutual commitment to a shared life to the exclusion of others, and living together or not living separately and apart on a permanent basis.

The Tribunal considered the matters outlined in regulation 1.15A(3) of the Migration Regulations 1994, which include the financial, household, social aspects, and the nature of the parties' commitment to each other. The applicant had informed the Tribunal that the relationship had ceased to exist and requested the case be finalised without a hearing. Given this admission, the Tribunal found that the requirement for a genuine and continuing relationship was not met.

The Tribunal affirmed the decision not to grant the visa, concluding that the applicant and sponsor were no longer in a genuine and continuing relationship.