Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant claiming to be the spouse of an Australian citizen. The Tribunal was required to consider whether the parties met the criteria for a married relationship as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994 (Cth).

The primary legal issues before the Tribunal were whether the parties were validly married and whether they met the other requirements for a spouse relationship, namely a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. The Tribunal was also required to consider all the circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other.

The Tribunal found that the parties were validly married, evidenced by a marriage certificate. Furthermore, considering the joint submissions, utility bills, bank statements, photographs, and consistent oral evidence from the couple and witnesses, the Tribunal was satisfied that the parties were in a genuine and continuing relationship. The Tribunal concluded that the applicant met the criteria under clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified criteria for the Subclass 820 Partner visa.