Le Huong (Migration)

The Administrative Appeals Tribunal considered the case of Le Huong concerning an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought to be recognised as an adult dependent child of the principal applicant. The central dispute revolved around whether the applicant met the criteria for financial dependency at the time of the visa application and for a substantial period immediately preceding it.

The primary legal issue before the Tribunal was to determine if the applicant was "wholly or substantially reliant on another person for financial support to meet their basic needs for food, clothing and shelter," and if this reliance was greater than any other source of support. The Tribunal was required to assess the applicant's financial circumstances, including her study and work history in Vietnam, Malaysia, and Australia, and evaluate the credibility of the oral and documentary evidence presented.

The Tribunal found that the applicant, who had completed a Bachelor of Finance degree in 2015 and had periods of employment and study in Malaysia before arriving in Australia in June 2016, did not satisfy the dependency requirements. While the applicant claimed to have lived with her mother and step-father and received financial support, bank records indicated she earned approximately AUD 300 per week from October 2016, which increased over time. These earnings were deposited into her bank account and used for her expenses, contradicting the claim of substantial reliance on others for basic needs. The Tribunal also noted that the applicant had enrolled in courses, which, in conjunction with her work history and the nature of her financial support, led to a conclusion that she was not wholly or substantially dependent.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa, finding that she did not meet the necessary criteria for dependency.