Leung (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant had made reasonable attempts to obtain their criminal history, a criterion for the visa. The Tribunal was also required to consider the nature of the relationship between the applicant and their sponsor, as outlined in regulation 1.15A of the Migration Regulations 1994, which details various aspects of a relationship including financial, household, social, and commitment elements.

The Tribunal found that the applicant had made reasonable attempts to obtain their criminal history. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.309.222 of Schedule 2 to the Regulations. The secondary visa applicant was also found to meet the same criteria.