Phan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought review of a decision concerning the assessment of their genuine and continuing relationship with their sponsor.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 309 visa, specifically in relation to establishing a genuine and continuing relationship. This involved assessing the evidence provided, including communications, joint travel, support for the sponsor caring for a newborn child, and the existence of a joint bank account.

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 309.211(2) and cl 309.221 of Schedule 2 to the Migration Regulations 1994 (Cth).