NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant sought to have the decision not to grant the visa reviewed. The core of the dispute revolved around whether the applicant and the sponsor met the criteria for a genuine and continuing spousal relationship as required by the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant and the sponsor were in a genuine and continuing spousal relationship, satisfying the requirements of section 5F(2) of the Act. Specifically, the court had to assess whether the parties were married, had a mutual commitment to a shared life to the exclusion of all others, and whether they lived together or did not live separately and apart on a permanent basis. This involved considering all circumstances of the relationship, including financial, household, social aspects, and their commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal affirmed the decision to refuse the visa. While satisfied that the parties were validly married, the Tribunal found that the applicant had failed to provide sufficient current information to demonstrate that they viewed their relationship as long-term. Crucially, the Tribunal noted that the parties did not live together and were living separately and apart on a permanent basis. Consequently, the Tribunal was not satisfied that the requirements of section 5F(2) of the Act were met at the time of the decision, leading to the conclusion that the relationship was not genuine.