Ngamta (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, Ngamta. The primary dispute concerned whether the applicant had demonstrated a genuine and continuing relationship with their sponsor, as required by the relevant migration regulations.

The Tribunal was tasked with determining whether the applicant had satisfied the criteria for a Subclass 820 visa, specifically in relation to the genuineness and continuity of their relationship. This involved assessing various aspects of the relationship, including its financial, household, and social dimensions, as well as the nature of the commitment between the parties. The Tribunal also had to consider the length and registration of the relationship, differing financial capacities of the parties, and the joint registration of a business.

In reaching its decision, the Tribunal found the applicant's oral evidence, supported by additional documentation and statements from third parties, to be consistent and credible. The Tribunal applied the principles for assessing a genuine and continuing relationship, considering the totality of the evidence presented. Based on these findings, the Tribunal remitted the application to the Minister with a direction that the applicant met specific criteria for the visa, namely cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Regulations, and reg 2.03A.