Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary applicant sought review of a decision concerning her eligibility, and the second applicant, her son, sought review of a decision regarding his status as a dependent. The review was heard by a single member of the Tribunal.

The Tribunal was required to determine whether the primary applicant and her sponsor were in a valid married relationship for the purposes of the Act, considering the financial, social, and household aspects, as well as their commitment to each other. Additionally, the Tribunal had to assess whether the second applicant qualified as a dependent of the primary applicant or sponsor at the time of the decision.

The Tribunal found that the primary applicant and sponsor were validly married under Australian law, satisfying the requirements of a married relationship. However, regarding the second applicant, the Tribunal determined that he was not incapacitated for work and therefore did not meet the legislative definition of a dependent. Consequently, the Tribunal affirmed the decision under review for the second applicant. Despite this finding, the Tribunal recommended that the second applicant's case be considered for ministerial intervention under section 351 of the Act, citing the genuine and loving family unit, the emotional reliance within the family, and the delay in finalising the application as factors warranting further investigation. The Tribunal remitted the application for the primary applicant for reconsideration, finding that she met the relevant criteria for the visa.