Pham (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by the applicant, Pham. The primary dispute revolved around whether the applicant and their sponsor were in a genuine and continuing relationship, as required by the relevant migration regulations. The decision was made by Senior Member Kira Raif of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 820 visa, specifically concerning the genuineness and continuity of their relationship. This involved assessing the financial, household, and social aspects of the relationship, as well as the nature of the commitment between the applicant and their sponsor. The Tribunal also had to consider adverse information suggesting the relationship was contrived and that payment had been made for sponsorship.

In reaching its decision, the Tribunal found that the applicant and sponsor provided detailed and consistent oral evidence regarding their current circumstances, supported by substantial documentary evidence. While there were some inconsistencies and deficiencies concerning past circumstances, the Tribunal was satisfied that the applicant met certain criteria for the visa, specifically cl 820.211(2)(a) and cl 820.221(1)(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the visa to the Minister for further consideration of the remaining criteria. The Tribunal directed that the applicant be taken to meet the specified criteria relating to the genuineness and continuity of their relationship.