Nguyen (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant, Ms Nguyen, sought to establish that she was in a genuine spousal relationship with the review applicant, Mr Do, an Australian citizen. The Tribunal was required to consider whether the parties met the criteria for a spousal relationship under the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether Ms Nguyen and Mr Do were in a genuine and continuing married relationship, as defined by section 5F of the Migration Act 1958 and elaborated in regulation 1.15A of the Migration Regulations 1994. This involved assessing whether they had a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider the evidence relating to the financial, social, and household aspects of their relationship, as well as their commitment to each other.

The Tribunal found that the parties were validly married on 4 March 2014, a fact supported by a marriage certificate. The Tribunal also accepted evidence that the parties met in late 2013, introduced each other to their families, and continued to meet and go on outings before Mr Do proposed. Their marriage celebration, a reception with approximately 50 guests, was held in January 2015 after they had saved sufficient funds. The Tribunal concluded that, based on the evidence presented, the parties met the criteria for a spousal relationship under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the visa applicant met the specified criteria for a Subclass 309 visa.