Duong (Migration)

This matter concerned an application for Partner (Provisional) (Class UF) visas, subclass 309. The review applicant and the visa applicant were married, and the tribunal was required to assess whether they met the criteria for the grant of the visa, specifically concerning the genuineness and continuation of their relationship.

The primary legal issue before the tribunal was to determine whether the relationship between the review applicant and the visa applicant was genuine and continuing, as required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). This involved assessing various aspects of their relationship, including financial support, communication, travel, and living arrangements, in light of the statutory definitions and regulatory considerations for a "spouse" and the assessment of a relationship.

The tribunal considered evidence of extensive communication, including phone and video calls, and photographic collections, accepting that regular contact was maintained. While financial support was provided, it was noted as limited, typically in amounts of $100 or $200, but ongoing since the marriage. The tribunal also accepted that the review applicant had travelled to Vietnam and spent time with the visa applicant, including evidence of temporary residence at the applicant's home. Despite these factors, the tribunal's reasoning indicated that the overall circumstances did not satisfy the criteria for the grant of the visa. The decision affirmed the previous decisions not to grant the visas.