Le (Migration)

This case concerned an appeal by Mr Le against a decision regarding his Partner (Residence) (Class BS) visa application, specifically the Subclass 801 (spouse) visa. The central dispute was whether Mr Le and his sponsor, Ms Nguyen, were in a genuine and continuing spousal relationship. The matter came before Deputy J.l Redfern Psm P.

The legal issues before the court were whether the applicant and sponsor were in a genuine and continuing relationship, and in particular, whether they were in a "married relationship" as required by the relevant regulations. This required the court to consider the financial and social aspects of their relationship, the nature of their commitment to one another, and the nature of their household, in accordance with the principles established in *He v MIBP*.

The court found that the applicant, Mr Le, was a credible witness and that his evidence was consistent with that of Ms Nguyen. The evidence from Ms Nguyen’s daughters and a long-term friend of Mr Le, Mr Pham, also supported the genuineness of the relationship. These witnesses provided consistent accounts of Mr Le and Ms Nguyen living together, sharing household tasks, engaging in social activities such as fishing and gardening, and attending family gatherings. The court accepted their evidence as spontaneous and genuine, concluding that Mr Le and Ms Nguyen were in a genuine spousal relationship.

Consequently, the court remitted the application for the Partner (Residence) (Class BS) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cls.801.221(2)(c) and (d) of Schedule 2 to the Regulations.