HO (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought review of a decision concerning the assessment of their spousal relationship, specifically in relation to financial aspects, periods of cohabitation, and social aspects including companionship and emotional support.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a genuine and continuing spousal relationship, as well as other relevant criteria for the Subclass 309 visa. This involved assessing the evidence presented regarding the financial interdependence, shared living arrangements, and the nature of the companionship and emotional support within the relationship.

The Tribunal found that the applicant met certain criteria for the visa, specifically clauses 309.211 and 309.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets these specified criteria. The Minister is to consider the remaining criteria for the Subclass 309 visa.