Nguyen (Migration)

This matter concerned an appeal by Thi To My Nguyen, a Vietnamese national, against a decision to affirm the refusal of her Partner (Temporary) (Class UK) visa application. The applicant had lodged the application with her sponsor, Khan Nguyen, an Australian citizen. However, the relationship subsequently broke down, and the applicant sought to have her case assessed under the Family Violence provisions of the Act. The sponsor withdrew his sponsorship, and the Department required the applicant to demonstrate that she was in a genuine and committed spousal relationship with the sponsor prior to the cessation of their relationship before her family violence claims could be considered. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant had established a genuine and committed spousal relationship with the sponsor before the relationship ended.

The Tribunal was tasked with assessing the applicant's eligibility for the Partner (Temporary) (Class UK) visa, specifically whether she was in a genuine and committed spousal relationship with the sponsor at the time of the relationship's breakdown. This assessment was a prerequisite for considering any claims of family violence. The Tribunal considered the various aspects of the relationship as outlined in Regulation 1.15A of the Migration Regulations 1994, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment between the parties.

In its reasoning, the Tribunal noted the limited evidence presented regarding the financial aspects of the relationship, such as joint ownership of assets or significant pooling of financial resources. While a joint bank account was mentioned, the extent of its use and the basis for sharing day-to-day expenses were not sufficiently detailed. The Tribunal also considered the social aspects, including how the couple presented themselves to others and their joint social activities, as well as the nature of their commitment, such as the duration of the relationship and the degree of companionship and emotional support. Ultimately, the Tribunal found that the evidence did not sufficiently demonstrate that the applicant was in a genuine and committed spousal relationship with the sponsor prior to the cessation of their relationship.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.