Nguyen (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant sought review of a decision not to grant the visa. The Administrative Appeals Tribunal was required to determine whether the applicant was in a genuine and continuing de facto relationship with the sponsoring spouse, demonstrating mutual commitment to a shared life to the exclusion of all others, as required by the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a de facto relationship under regulation 1.15A(2) of the Migration Regulations 1994. This required consideration of 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).

The Tribunal found that the applicant had provided no evidence regarding the financial aspects, the nature of the household, the social aspects, or the commitment to each other. Despite multiple requests for further information from the Tribunal, including invitations on 4 September 2018, 20 March 2020, and 15 April 2020, the applicant or their migration agent failed to submit any relevant documentation. Consequently, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the applicant a Partner (Migrant) (Class BC) visa.