Lee (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by Ms Lee. The primary dispute revolved around whether Ms Lee and her partner had a genuine and continuing relationship, as required by the relevant migration regulations. The decision was made by Senior Member Kira Raif of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the evidence presented by Ms Lee sufficiently demonstrated a genuine and continuing spousal relationship for the purposes of the Subclass 820 visa. This involved assessing various forms of evidence, including joint bank accounts, a residential tenancy agreement, statutory declarations, evidence of joint social activities and travel, and the existence of a registered relationship.

Senior Member Raif found that the evidence, when considered holistically, established that Ms Lee met certain criteria for the Subclass 820 visa, specifically those relating to the genuine and continuing nature of her relationship with her partner. The Tribunal concluded that the applicant met the requirements of cl 820.211(2)(a) and cl 820.221(1)(a) of Schedule 2 to the Regulations, as well as reg 2.03A.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa back to the Minister with a direction that the applicant meets the specified criteria. The Minister was to consider the remaining criteria for the Subclass 820 visa.