Le (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, brought by the applicant, Le. The dispute centred on whether the applicant had demonstrated a genuine and continuing relationship with their partner, encompassing the financial, household, and social aspects of their relationship, as well as the nature of their commitment. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether it had erred in its decision-making process by not holding a hearing, despite being able to find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant met the criteria for the visa, specifically those relating to the genuine and continuing nature of the relationship.

The Tribunal ultimately remitted the application for reconsideration. It directed that the applicant be found to meet the criteria specified in cl 309.211 and cl 309.221 of Schedule 2 to the Migration Regulations 1994 (Cth). This outcome indicates that while the Tribunal initially believed a hearing was unnecessary, the subsequent reconsideration would proceed with a finding in favour of the applicant regarding the visa requirements.