GHOBRYAL (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by an Egyptian national. The visa applicant sought review of a decision to refuse her application. The sponsor was an Australian permanent resident, and the parties had married in Egypt.

The Tribunal was required to determine whether the applicant met the criteria for a subclass 309 visa, specifically concerning the genuineness and continuation of the relationship between the applicant and the sponsor. This involved assessing various aspects of their relationship, including financial, household, social, and commitment elements, as outlined in regulation 1.15 of the Migration Regulations 1994. A key issue was an apparent inconsistency in the applicant's statements regarding previous visa applications and her marital status.

The Tribunal found that while there was an initial discrepancy regarding a previous visa application, the applicant and sponsor provided explanations that were accepted. The Tribunal noted the evidence of their marriage, the sponsor's financial support of the applicant, their daily communication, and statements from friends and acquaintances indicating a genuine relationship. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant met certain criteria for the subclass 309 visa.