Kaur (Migration)

The Administrative Appeals Tribunal (the Tribunal) was asked to review a decision concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant, Ms Kaur, sought to establish a genuine and continuing relationship with her sponsor.

The primary legal issue before the Tribunal was whether Ms Kaur and her sponsor had a genuine and continuing relationship, as required for the grant of the visa. This involved assessing whether their relationship met the criteria for a de facto relationship, including its commencement prior to the parties' divorces and its duration of at least 12 months. The Tribunal also considered the nature of their cohabitation, financial arrangements, and shared responsibilities for children from previous relationships and their current relationship.

The Tribunal considered evidence that the parties had commenced their relationship prior to their respective divorces and had been living together in a rental property, sharing day-to-day expenses. Further evidence was presented regarding their shared carer responsibilities for children, including step-children and a child of their relationship, and their participation in religious and social activities with these children. Additional documentation was submitted to support these claims.

Ultimately, the Tribunal found that the decision under review should be remitted for reconsideration, indicating that the original decision did not adequately address the evidence presented regarding the genuineness and continuation of the relationship.