Do (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Partner). The applicant, Mr Do, claimed to be the spouse of Ms Bui. The delegate of the Minister affirmed the decision under review, finding that Mr Do's claim to be the spouse of Ms Bui was not credible. The Tribunal was required to determine whether the delegate's decision should be affirmed.

The legal issues before the Tribunal were whether the relationship between Mr Do and Ms Bui was genuine and whether Mr Do had been truthful in his evidence to the Tribunal. This involved assessing the credibility of the statements and declarations provided by Mr Do, Ms Bui, and their respective families, as well as considering documentary evidence relating to their financial arrangements, household circumstances, employment history, and social interactions.

The Tribunal found significant inconsistencies and a lack of credibility in the evidence presented. It rejected the 2013 relationship statements, the 2017 and 2018 declarations from Mr Do and Ms Bui, and gave no weight to the declarations from Ms Bui's family. Specific concerns included conflicting accounts regarding discussions about children, differing descriptions of their leisure activities, and implausible explanations for Ms Bui's solo overseas travel. The Tribunal also noted inconsistencies between Mr Do's claims about Ms Bui's employment and study, and his assertion that Ms Bui was never upset, which contrasted with other evidence. The Tribunal concluded that Mr Do had not been truthful and had attempted to mislead the Tribunal.

Consequently, the Tribunal affirmed the decision under review.