NGUYEN (Migration)

This matter concerned an appeal by Mrs Nguyen against a decision not to grant her a Partner (Migrant) (Class BC) visa. The primary issue before the Tribunal was whether Mrs Nguyen continued to be the spouse of Mr Ngo, her sponsor, given that their relationship had broken down and divorce proceedings were underway.

The Tribunal was required to determine several issues, including whether Mrs Nguyen remained the spouse of Mr Ngo. If not, the Tribunal had to consider whether Mr Ngo had died since Mrs Nguyen entered Australia, or if Mrs Nguyen or a member of her family unit had suffered family violence committed by Mr Ngo. This involved assessing whether there was a judicially determined claim of family violence, a joint undertaking to a court, or sufficient evidence for a non-judicially determined claim, supported by a valid expert opinion if necessary. Alternatively, the Tribunal had to consider if Mrs Nguyen met specific criteria in relation to a child or children.

In considering whether Mrs Nguyen continued to be the spouse of Mr Ngo, the Tribunal noted her evidence that divorce proceedings had commenced and that she had not seen Mr Ngo since January 2016, with limited contact thereafter. The Tribunal also considered information, subject to a certificate under s.375A of the Act, indicating the breakdown of the relationship and the withdrawal of sponsorship. Mrs Nguyen confirmed the accuracy of this information. The Tribunal concluded that Mrs Nguyen did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant Mrs Nguyen a Partner (Migrant) (Class BC) visa.