Leow (Migration)

The case of *Leow (Migration)* concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought review of a decision that had not granted the visa. The dispute centred on whether the applicant and her sponsor had a genuine and continuing relationship as required by the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant met the criteria for the grant of a Subclass 820 (Partner) visa, specifically under cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Regulations. This required the Tribunal to assess the genuineness and continuing nature of the relationship between the applicant and her sponsor, considering various aspects including financial, household, social, and commitment elements as outlined in reg 1.15A(3).

The Tribunal, presided over by Senior Member Michael Ison, considered significant developments in the relationship since the initial decision. These included the applicant and sponsor marrying in Australia in 2019, the birth of their son in 2021, and the social recognition of their relationship by families and friends. While the Tribunal noted evidence of a joint bank account and shared expenses, it also observed that the sponsor maintained a separate transaction account and that the pooling of financial resources was not as extensive as might be expected. Despite these observations, the Tribunal remitted the application with a direction that the applicant met the relevant criteria for the grant of the visa.