LE (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to the genuineness and duration of their relationship with their sponsor, an Australian citizen. A key issue was whether the applicant's previous visa application, made less than five years prior to the current application, impacted the sponsorship requirements.

The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing married relationship, as defined by section 5F of the Migration Act 1958. This involved assessing various aspects of their relationship, including financial and social elements, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994. The Tribunal also had to consider the implication of a prior sponsorship application made within the preceding five-year period.

In its reasoning, the Tribunal found that the parties were validly married in Vietnam in 2017 and had lived together continuously since before their marriage. The Tribunal noted the birth of two children to the couple, the applicant's financial support of the family, and the sponsor's recent commencement of part-time employment. Evidence of mutual commitment, including family support and joint travel, was also considered. The Tribunal concluded that, based on the evidence, the requirements of clauses 820.211 and 820.221 of Schedule 2 to the Regulations were met.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had satisfied the criteria under clauses 820.211 and 801.221 of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the Subclass 820 visa.