Doan (Migration)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the applicant's Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to have the decision set aside and remitted for reconsideration. The core of the dispute revolved around whether the applicant met the criteria for the visa, particularly in relation to the genuineness and commitment of their relationship, and whether there were compelling reasons for the late lodgement of the application.

The Tribunal was required to determine several key issues. Firstly, it needed to assess whether the relationship between the applicant and the sponsor was genuine and continuing, considering the various marriages and divorces experienced by both parties, and the financial, household, and social aspects of their relationship. Secondly, the Tribunal had to consider the impact of the parties' gambling activities on the assessment of their relationship. Thirdly, it was necessary to determine if there were compelling reasons for the applicant not meeting the criterion of applying within 28 days of their previous visa ceasing. Finally, the Tribunal had to consider the sponsor's mental health and treatment, and the applicant's support in this context, as potential factors influencing the decision.

In its reasoning, the Tribunal acknowledged the detailed joint relationship statement provided by the parties, which outlined the history of their relationship from its initial stages in 2005, through periods of separation and subsequent re-connection in 2017. The Tribunal noted the complexities arising from the sponsor's previous marriages and divorces, and the applicant's marital history. The Tribunal also considered the evidence of the parties' commitment, including their engagement and wedding party, and the applicant's support for the sponsor during a period of mental health challenges. The Tribunal found that the sponsor's mother's initial disapproval due to the applicant's marital history and the sponsor's parents' strict Buddhist beliefs had caused initial difficulties. However, the Tribunal ultimately concluded that the applicant had established compelling reasons for the late lodgement of their visa application, primarily due to the complexities of their relationship, family pressures, and the sponsor's health issues.

Consequently, the Tribunal decided to remit the decision under review to the Department of Home Affairs for reconsideration. This remittal was based on the Tribunal's finding that the applicant had provided sufficient evidence to establish compelling reasons for the late application and that the relationship met the criteria for a genuine and continuing partnership.