Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by an applicant who is a national of Vietnam, sponsored by his partner, an Australian citizen. The core dispute revolved around whether the applicant and sponsor were in a genuine and continuing spousal relationship at the time of the visa application and at the time of the review. The Tribunal considered documentary evidence and oral testimony provided by the parties.

The legal issues before the Tribunal were whether the applicant and sponsor were validly married and whether they were in a genuine and continuing spousal relationship, as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994. This required an assessment of various aspects of their relationship, including financial and social elements, the nature of their household, and their commitment to each other.

The Tribunal found that the applicant and sponsor provided coherent and plausible evidence, both orally and in writing, which was consistent with the available documentary evidence. The Tribunal was satisfied that the parties were a reliable source of information regarding their relationship. It noted that the parties were validly married, shared joint responsibility for their child, and viewed their relationship as a long-term commitment. The financial aspects of their relationship also supported the conclusion that they were in a genuine and continuing relationship.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 820 visa concerning being the spouse of an Australian citizen and the genuine and continuing nature of their relationship.