NGUYEN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by the applicant, Ms. Nguyen, in relation to her relationship with Mr. Nguyen. The dispute before the Tribunal centred on whether the applicant met the requirements of cl 820.211(2)(c) of the Migration Regulations 1994, which pertains to the genuineness and continuation of the relationship. The Tribunal considered extensive evidence, including departmental records, statutory declarations from friends and family, and oral evidence from the applicant herself.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for a Subclass 820 visa, specifically concerning the nature of her relationship with Mr. Nguyen. This involved assessing whether the relationship was genuine and continuing, particularly in light of claims of family violence by the sponsor and the eventual cessation of the relationship. The Tribunal was required to consider all aspects of the relationship as outlined in reg 1.15A of the Migration Regulations 1994, including financial, household, social, and commitment elements.

The Tribunal found the applicant to be a credible witness, whose oral evidence was consistent with her written statements and other submitted evidence. The applicant asserted that the relationship commenced in 2017, with marriage in March of that year, but that family violence began in early 2018, leading to the relationship's cessation in January 2022. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant meets the criteria for a Subclass 820 visa, including consideration of the family violence provisions.