Hu (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309, made by the applicant, Hu. The primary dispute concerned whether the applicant and their sponsor had a genuine and continuing spousal relationship, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 309 visa, specifically in relation to demonstrating a genuine and continuing spousal relationship. This involved assessing the financial aspects, the nature of the household, the social aspects, and the nature of the commitment between the applicant and their sponsor.

The Tribunal found that the applicant met certain criteria, namely cl 309.211 and cl 309.221 of Schedule 2 to the Regulations. However, the decision indicates that other criteria, particularly those relating to the genuine and continuing spousal relationship, required further consideration. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified clauses.