Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant, a citizen of Vietnam, sought the visa to join his Australian citizen sponsor. The secondary applicants were the applicant's children. The Tribunal affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant was the spouse of the sponsor within the meaning of the *Migration Act 1958* (Cth). This required determining if the parties were in a married relationship, which, pursuant to section 5F(2) of the Act, necessitates a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. The Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that while the parties were validly married in Australia on 16 March 2019, the evidence did not satisfy the other requirements for a spouse relationship. The Tribunal considered various aspects of the relationship, including financial contributions, household arrangements, social presentation, and commitment, but ultimately concluded that the applicant did not meet the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the Partner (Provisional) (Class UF) visas to the applicant and his children.