Manassa (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Partner (Provisional) (Class UF) visa, subclass 309. The applicants sought to have the refusal overturned, arguing that they met the criteria for the visa, particularly concerning the genuine and continuing nature of their spousal relationship. The sponsor, who had a medical condition, relied on the companionship and emotional support of the applicants.

The primary legal issue before the Tribunal was whether the applicants had established that their marriage was valid for the purposes of the *Migration Act 1958* (Cth) and that they were in a genuine and continuing spousal relationship. This involved assessing whether the evidence presented demonstrated a long-term commitment and a genuine partnership, notwithstanding the sponsor's medical condition.

The Tribunal found that the marriage was valid and that the applicants had provided sufficient evidence to demonstrate a genuine and continuing spousal relationship, including evidence of long-term commitment. The Tribunal was satisfied that the applicants were currently in a genuine spousal relationship. Consequently, the Tribunal remitted the decision for reconsideration.