Lin (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant, Ms Lin, sought to demonstrate a genuine and continuing relationship with her partner.

The primary legal issue before the Tribunal was whether Ms Lin and her partner were in a genuine and continuing relationship as required by the *Migration Regulations 1994* (Cth). This involved assessing the nature of their commitment to each other, considering various aspects of their relationship including financial, social, and household matters.

The Tribunal noted that the couple had registered a civil partnership prior to applying for the visa and had subsequently married between the time of the review application and the hearing. While there were some discrepancies in the evidence regarding the precise commencement date of their relationship, the Tribunal found that the relationship, now spanning five years, was supported by credible documentary and oral evidence, including joint financial arrangements such as a mortgage and bank accounts, and evidence of shared household purchases. The Tribunal concluded that the evidence, taken as a whole, established a genuine and continuing relationship.

Consequently, the Tribunal remitted the decision under review to the Department of Home Affairs for reconsideration.