Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Ms Thi Ha Nguyen, an applicant for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The dispute centred on whether Ms Nguyen met the criteria for the visa, specifically regarding the genuineness and duration of her relationship with her sponsor, Andy. The Tribunal was tasked with reviewing the decision to refuse the visa.

The primary legal issues before the Tribunal were whether the applicant and her sponsor had lived together, whether their relationship was viewed as long-term, and the weight to be given to the refusal to provide DNA evidence to establish parentage of their child. The Tribunal also had to consider the credibility of the applicant's evidence, particularly in light of inconsistencies and her explanation for her actions.

The Tribunal found that the applicant's claims about the relationship and its progression were not sufficiently substantiated by evidence. A purported joint bank account provided inconsistent information, and the applicant's credibility was undermined by her changing explanations regarding the refusal to provide DNA evidence. While the applicant initially claimed her husband was against the DNA test due to psychological impact on the child, a letter from her previous representative indicated she had personally instructed them to convey this reasoning, suggesting a more active role than she initially portrayed. The Tribunal noted that the refusal to provide DNA created uncertainty about the parentage of the child, which in turn cast doubt on the claim of a mutual commitment to a shared life.

The Tribunal concluded that the decision under review should be affirmed.