Nguyen (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The visa applicant claimed to be the spouse of the review applicant, an Australian citizen. The primary issue before the Tribunal was whether the parties were in a genuine and continuing married relationship at the time of the visa application and at the time of the Tribunal's decision, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the parties were validly married and met the criteria for a spouse relationship as defined by section 5F of the Migration Act 1958. This involved assessing the financial, household, and social aspects of their relationship, as well as the nature of their commitment to each other, in accordance with regulation 1.15A(3). The Tribunal also considered evidence of events subsequent to the visa application, as such evidence can logically demonstrate the existence or non-existence of relevant facts at the time of application.

The Tribunal found that the review applicant was an Australian citizen and that the parties were validly married. It also concluded that the visa applicant met the criteria under cl 309.211 and cl 309.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration by the Minister, with a direction that the first-named visa applicant met these specified criteria.