Phan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to affirm the refusal of her Partner (Residence) (Class BS) Subclass 801 visa. The applicant, a national of Vietnam, had met and married her sponsor, an Australian citizen also born in Vietnam, in 2014. She was granted a Provisional Partner visa (Subclass 820) in May 2015. The Department subsequently received information alleging the relationship was contrived for the purpose of obtaining permanent residency, including claims that the sponsor was paid a significant sum, that the applicant lived separately with her sister, and that the sponsor was engaged to another woman.

The primary legal issues before the Tribunal were whether the applicant and her sponsor were in a genuine and continuing relationship, as required by the *Migration Act 1958* (Cth), and whether their relationship was contrived for the sole purpose of the applicant obtaining permanent residency in Australia. The Tribunal also considered a submission that the Department's decision to refuse the visa was invalid because the permanent stage visa had not been lodged, although this was clarified to relate to the date of the delegate's decision rather than the commencement of the investigation.

The Tribunal affirmed the delegate's decision, finding that the evidence did not support the genuineness of the relationship. The delegate had noted implausible explanations from the applicant regarding her living arrangements, particularly the claim that she moved to her sister's house due to a lack of a lock on her bedroom door in a property owned by the sponsor. The Tribunal gave significant weight to the allegations received by the Department and the sponsor's admissions during a home visit, which indicated the parties were not cohabiting and that the relationship was likely contrived. The Tribunal found the applicant's explanations regarding communication with the sponsor, particularly concerning a car purchase, to be unconvincing and concluded that the parties were not living together or intending to build a long-term relationship.