Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner) visa, by an applicant claiming to be in a genuine and continuing spousal relationship with her sponsor. The primary decision had refused the visa on the basis that the applicant and sponsor were not in a genuine spousal relationship at the time of application. The applicant sought review of this decision before the Tribunal.

The legal issues before the Tribunal were whether the applicant and sponsor were validly married and, if so, whether they met the other requirements for a spouse relationship as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994 (Cth). This required the Tribunal to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal considered extensive documentary evidence, including joint financial documents such as mortgage documents, bank statements, and utility bills, as well as evidence of joint living arrangements and shared social activities. The Tribunal also heard oral evidence from the applicant and sponsor. While statutory declarations from family and friends were not provided due to advice from agents, the Tribunal found that the parties were validly married and that the evidence, including their joint home ownership, mortgage, shared living expenses, and mutual listing as beneficiaries on superannuation accounts and tax returns, demonstrated a genuine and continuing spousal relationship.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa.