Oem (Migration)

This matter concerned applications for Partner (Residence) (Class BS) visas. The primary applicant, Lay Oem, along with two secondary applicants, sought reconsideration of their visa applications following a remittal from the Federal Circuit and Family Court. The core of the dispute revolved around whether the applicants had demonstrated a genuine and continuing relationship as required for the visa subclass.

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 801 (Partner) visa, specifically focusing on whether the relationship between the primary applicant and the sponsor was genuine and continuing. This involved assessing various aspects of their relationship, including its financial, household, and social dimensions, as well as the nature of their commitment to each other, as outlined in the Migration Regulations 1994.

The Tribunal considered extensive documentary evidence, including statutory declarations from the applicants and third parties, financial records, utility bills, photographs, and evidence of joint activities. Based on this evidence, the Tribunal was satisfied that the primary applicant and the sponsor had been married since 2013, had lived together in a rented property for several years, operated a joint bank account, and shared household responsibilities. The Tribunal also noted the sponsor's paternal role towards his stepsons and the family's participation in community and social events. The Tribunal concluded that the primary applicant met certain criteria for the visa, and directed that the applications be remitted for reconsideration with specific directions regarding the criteria to be met by the secondary applicants.