NGUYEN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by a Vietnamese citizen, who claimed to be the spouse of an Australian citizen. The review was before the Tribunal, presided over by Member Peter Emmerton. The core dispute revolved around whether the couple were in a genuine spousal relationship as defined by the Migration Act 1994.

The Tribunal was required to determine if the parties met the criteria for a spousal relationship under section 5F of the Act. This involved assessing whether they were validly married, had a mutual commitment to a shared life to the exclusion of others, maintained a genuine and continuing relationship, and lived together or not separately and apart on a permanent basis. In making this assessment, the Tribunal had to consider all circumstances of the relationship, including financial, household, and social aspects, as well as the nature of their commitment, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married in Australia on 28 July 2018, satisfying section 5F(2)(a) of the Act. While the decision text does not detail the Tribunal's findings on the other aspects of the relationship, it remitted the applications with a direction that the primary applicant met the criteria for the Subclass 820 visa under clauses 820.211 and 820.221. The Tribunal also found that the secondary applicants were members of the family unit of the primary applicant.