Peng (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning the assessment of a genuine and continuing relationship, encompassing its household, financial, and social aspects, as well as the nature of the commitment between the parties. The Tribunal's decision was made by Member M. Edgoose.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 820 visa, specifically in relation to establishing a genuine and continuing spousal relationship. This involved assessing the provided documentary evidence and considering the birth of a child as relevant to the relationship's authenticity and continuity.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Migration Regulations 1994 (Cth).