Khine (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, by a review applicant. The dispute centred on whether the applicant had demonstrated a genuine and continuing relationship with their partner, as required for the visa. The decision was made by Edward Howard, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 820 (Partner) visa, specifically concerning the genuineness and continuation of their de facto relationship. This involved assessing various aspects of the relationship, including financial, household, social, and commitment elements, as outlined in the Migration Regulations 1994. The Tribunal also had to consider evidence presented, including expert reports regarding claimed family violence, and the impact of cohabitation before the relationship ceased.

The Tribunal reasoned that a comprehensive assessment of all circumstances of the relationship was required, as stipulated by regulation 1.09A(2) of the Migration Regulations 1994. This regulation mandates consideration of financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. While the applicant presented evidence of pooled financial resources, joint social activities, and expert reports concerning family violence, the Tribunal found that the decision under review did not adequately address all relevant criteria.

Consequently, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas. The direction was that the review applicant met the criteria specified in Cl 820.211(2) and Cl 820.221(1) of Schedule 2 to the Regulations, indicating that further consideration of the relationship criteria was necessary.