Do (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Thi Yen Do. The applicant sought review of a decision made by the Department of Home Affairs. The case was heard by Justin Meyer, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant and her sponsor, Hao Gia Nguy, had demonstrated a genuine and continuing spousal relationship, considering the financial aspects, nature of the household, social aspects, and the nature of their commitment to each other, as required by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the evidence presented satisfied the criteria for a genuine spousal relationship under the relevant clauses of Schedule 2 to the Regulations.

The Tribunal considered the evidence provided regarding the financial aspects of the relationship, including the use of a joint bank account for household expenses and savings, and joint ownership of car insurance. It also examined evidence relating to the nature of the household, such as correspondence sent to the same address, a joint lease agreement, and joint utility accounts. The Tribunal found that the parties had shared their finances and household expenses, jointly owned assets, and had certain joint liabilities, which supported a finding of a spousal relationship.

Ultimately, the Tribunal remitted the application for the visa to the Minister with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa under clauses 820.211 and 820.221(1) of Schedule 2 to the Regulations.