Hunt (Migration)

This matter concerned an application for review of a decision regarding a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish a genuine and long-term relationship with an Australian citizen sponsor. The primary dispute revolved around the applicant's eligibility, particularly concerning the requirement to hold a substantive visa at the time of application and the assessment of the relationship's genuineness and financial aspects. The review was conducted by P. Maishman.

The Tribunal was required to determine whether the applicant and sponsor were in a valid married relationship for the purposes of the Act, considering the criteria outlined in section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. This involved assessing the financial, household, social aspects, and the nature of the parties' commitment to each other, as well as whether they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider the evidence presented, including statutory declarations and letters, in light of the delegate's previous concerns about inconsistent financial evidence.

The Tribunal found the applicant and sponsor to be credible and honest witnesses, accepting their oral evidence regarding their relationship history, development, and commitment. While the delegate had concerns about financial aspects, the Tribunal considered additional evidence, including witness statements and correspondence. The Tribunal applied the principles from *He v MIBP* [2017] FCAFC 206, which mandates consideration of all circumstances of the relationship as set out in regulation 1.15A(3). Based on the evidence and the applicable legal principles, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the criteria under cl 820.211(2) and cl 820.221(1) of Schedule 2 to the Regulations. This indicates that the Tribunal found sufficient grounds to proceed with the assessment of the remaining visa criteria.