NGUYEN (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to demonstrate a genuine and continuing relationship with their sponsor.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the grant of the visa, specifically concerning the genuineness and continuity of their relationship with the sponsor, taking into account various factors including financial arrangements, responsibilities towards children, social activities, and future plans.

The Tribunal's reasoning focused on the evidence presented regarding the relationship. It noted that while some evidence of a relationship existed, such as joint utility accounts and shared social activities, other aspects raised concerns. The Tribunal found that the separate bank accounts with minimal transactions, the applicant's limited responsibility for the sponsor's children, and the overall presentation of the evidence did not sufficiently establish a genuine and continuing relationship as required by the migration regulations. Credibility issues were also identified as a factor in the assessment.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the Partner (Temporary) visa.