Faba-an (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who was the spouse of an Australian permanent resident and intended to live permanently in Australia. The primary dispute concerned whether the Tribunal had adequately assessed the genuineness of the spousal relationship, particularly in light of the sponsor's visa having been cancelled but subsequently restored.

The legal issues before the Tribunal included determining whether the genuine spousal relationship criteria for the Subclass 820 visa had been properly assessed, and whether the Tribunal had erred in its consideration of the application. Specifically, the Tribunal was required to consider the implications of the sponsor's restored visa status on the assessment of the applicant's eligibility.

The Tribunal found that the genuine spousal relationship had not been adequately assessed. Consequently, the Tribunal remitted the application for the visa to the Minister for further consideration of the remaining criteria for a Subclass 820 visa. The Tribunal directed that the first named applicant met the criteria under PIC 4009 for the purpose of clause 820.224 of Schedule 2 to the Regulations.