Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Ms Thi Nguyet Nguyen, a citizen of Vietnam, sponsored by Mr Philip Cavendish Eaton, an Australian citizen. The parties met in April 2017, married in November 2017, and subsequently lived together in Queensland. They lodged their visa application in December 2017. The Tribunal, presided over by Edward Howard, was tasked with reconsidering the application.

The primary legal issues before the Tribunal were whether Ms Nguyen was the spouse or de facto partner of Mr Eaton at the time of the visa application and at the time of the decision, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. This involved assessing the genuineness and continuation of their relationship, considering financial, household, and social aspects, as well as the nature of their commitment to each other. The Tribunal also considered the status of the second-named visa applicant, Ms Nguyen's adult daughter, as a member of the family unit.

The Tribunal reasoned that evidence of events occurring after the visa application date could be considered if it logically demonstrated the existence or non-existence of the relationship at the time of application. It noted that limited documentary evidence was initially provided to the Department of Home Affairs, with further evidence subsequently furnished to the Tribunal. After reviewing all the evidence, including supporting statements and evidence of the parties' cohabitation and mutual support for over six years, the Tribunal was satisfied that Ms Nguyen and Mr Eaton had a genuine and continuing relationship, demonstrating a strong, long-term commitment to a shared life as a married couple. The Tribunal also found that the second-named visa applicant, Ms Nguyen's daughter, was not a member of the family unit as she was in her own relationship and cohabiting with another person.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, subclass 820, with a direction that the first-named visa applicant, Ms Nguyen, met the criteria under clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations. The matter was to be reconsidered by the Minister regarding any remaining criteria for the visa.