Jarosz (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Jarosz* concerning an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision made by the Minister to refuse to grant the visa. The central issue revolved around whether the applicant and her partner were in a genuine and continuing spousal relationship, as required by the *Migration Regulations 1994* (Cth).

The Tribunal was tasked with determining whether the evidence presented, including the testimony of credible witnesses, sufficiently demonstrated the genuineness of the relationship. Specifically, the Tribunal had to assess the weight to be given to the applicant's evidence, particularly in light of her daughter's significant health issues, which had impacted her ability to provide certain documentation and attend interviews.

In its reasoning, the Tribunal acknowledged the challenges faced by the applicant due to her daughter's medical condition. It applied the principles of assessing the genuineness of a spousal relationship, which requires consideration of all relevant factors, including the documentary evidence, the oral evidence of the parties and witnesses, and the overall circumstances of the relationship. The Tribunal found that while some aspects of the evidence were not as strong as they could have been, the applicant's explanation for these deficiencies, particularly concerning her daughter's health, was credible. Consequently, the Tribunal determined that the decision under review was not the correct or preferable one.

The Tribunal remitted the matter to the delegate of the Minister for reconsideration according to law, with directions to afford the applicant a further opportunity to provide additional evidence.