LEE (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an applicant whose sponsorship had previously been withdrawn. The central dispute concerned whether the applicant's relationship with the sponsor was genuine and met the criteria for the visa.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 820 visa, specifically in relation to the genuineness of the relationship, despite the prior withdrawal of sponsorship. This involved assessing evidence of shared domestic responsibilities, the birth of a child to the relationship, the sharing of finances, and the social recognition of the relationship.

The Tribunal found that the applicant met certain criteria for the visa, namely cl.820.211(2)(a) and cl.820.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for further consideration of the remaining criteria for the Subclass 820 visa.