Liu (Migration)

The Administrative Appeals Tribunal considered an application for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision concerning their eligibility for this visa, which requires the applicant to be in a genuine and continuing relationship with a New Zealand citizen. The primary dispute revolved around whether the applicant's relationship met the criteria for a genuine marriage, particularly in light of periods of separation and differing financial and career commitments in different countries.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 461 visa, specifically clause 461.212 of Schedule 2 to the Migration Regulations 1994. This involved assessing the genuineness and continuing nature of the relationship between the applicant and their New Zealand citizen partner, taking into account the evidence presented regarding their separation and separate financial and career pursuits.

The Tribunal's decision was based on its findings regarding the applicant's circumstances. It concluded that the applicant met the relevant criteria under clause 461.212. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies this criterion.