Nguyen (Migration)

This matter concerned an appeal by Mr Nguyen against a decision to affirm the refusal of his Partner (Temporary) (Class UK) visa, subclass 820. The primary issue before the Tribunal was whether Mr Nguyen and Ms Do were in a genuine and continuing spousal relationship at the time of the visa application and at the time of the decision. The Tribunal considered evidence relating to the financial, household, and social aspects of their relationship, as well as the nature of their commitment to each other.

The Tribunal was required to determine if the parties met the criteria for a Partner visa, specifically whether they were in a genuine spousal relationship as defined by the Migration Regulations 1994. This involved assessing whether their relationship exhibited the characteristics of a genuine and continuing commitment, considering factors such as financial interdependence, shared household responsibilities, social presentation, and the overall nature of their commitment to each other. The Tribunal also had to consider whether the marriage was entered into for the purpose of obtaining a visa.

The Tribunal found that the evidence did not support a genuine and continuing spousal relationship. It noted vague accounts of the relationship's development and concluded that communications between the parties were likely merely maintaining contact rather than indicative of a budding romance. Crucially, the Tribunal found that the marriage was contrived for immigration purposes, citing Mr Nguyen's inquiries about registering for marriage shortly after meeting Ms Do and his subsequent marriage to a distant family member within two months of his arrival in Australia. The Tribunal also found a lack of financial interdependence, with Ms Do maintaining control over her assets and income, and a limited social aspect to the relationship beyond family interactions. Consequently, the Tribunal affirmed the decision not to grant the visa.