Magill (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) visa (Subclass 309). The applicant sought review of a decision concerning the genuineness and continuation of their relationship, which is a key criterion for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to satisfy the requirements of the Migration Regulations 1994 (Cth) relating to a genuine and continuing relationship for the purposes of a Subclass 309 visa. This involved assessing the documentary evidence presented, such as joint bank accounts, superannuation beneficiary nominations, evidence of a child born of the relationship, and joint lease agreements.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clauses 309.211 and 309.221 of Schedule 2 to the Regulations.