Ho (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by Ms Ho against a decision to refuse her application for a Partner (Temporary) (Class UK) visa, subclass 820. The primary issue before the Tribunal was whether Ms Ho and her sponsor were in a genuine and continuing relationship as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether the evidence presented established that Ms Ho and her sponsor had a genuine and continuing relationship, considering factors such as their cohabitation, mutual support and care for their children, sharing of household expenses, and their representation of themselves as married to others. The Tribunal also had to consider whether further evidence, which was available but not presented at the initial decision-making stage, should be considered.

In its reasoning, the Tribunal acknowledged the evidence of the parties living together in the same unit with their children since October 2014, their mutual support and care for their son and daughter, and their representation of themselves as married. The Tribunal found that compelling witness statements had been provided. Crucially, the Tribunal determined that further evidence was available that had not been considered by the delegate and that it was in the interests of justice to remit the matter for reconsideration.

The Tribunal set aside the delegate's decision and remitted the application to the delegate for reconsideration according to law.