Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a Vietnamese national, sponsored by an Australian citizen. The primary issue was whether the applicant was the spouse of her sponsor at the time of the visa application and continued to be so at the time of the Tribunal's decision, and whether the secondary applicant, the applicant's daughter, met the criteria for inclusion in the application.

The Tribunal was required to determine if the parties were in a genuine and continuing spouse or de facto relationship, as mandated by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. This involved assessing all circumstances of the relationship, including financial aspects, the nature of the household, social interactions, and the commitment to each other, as outlined in regulation 1.15A. Additionally, the Tribunal had to consider whether the secondary applicant qualified as a dependent child under the relevant regulations.

The Tribunal found that the parties had demonstrated a mutual commitment to a shared life to the exclusion of all others, concluding that their relationship was genuine and continuing. Evidence of shared international travel, a lengthy relationship, a joint tenancy agreement, a joint bank account, insurance, and family support for the relationship contributed to this finding. The Tribunal was satisfied that the applicant met the criteria for the Subclass 820 visa, including being sponsored by her spouse, and that the secondary applicant was dependent on the primary applicant.

Consequently, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas for reconsideration, directing that the first-named applicant met the criteria for a Subclass 820 (Partner) visa, and that the second-named applicant also met the relevant criteria, including being dependent on the primary visa applicant.