Qu (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by a national of the People’s Republic of China. The applicant claimed to be in a genuine and continuing spousal relationship with her sponsor, an Australian citizen. The visa was refused by the Department of Home Affairs on the basis that the applicant did not satisfy the criteria for a spouse relationship under cl 309.211(2) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing spousal relationship, as defined by section 5F of the Migration Act 1958 and Regulation 1.15A of the Migration Regulations 1994. This involved assessing various aspects of their relationship, including its financial and social dimensions, the nature of their household, and their commitment to each other, in addition to confirming the validity of their marriage.

The Tribunal found that the parties were validly married, having registered their marriage on 2 September 2017. However, it noted a lack of evidence regarding the financial aspects of their relationship at the time of the visa application. While some evidence of joint purchases and travel was provided, it was largely dated after the visa refusal. The Tribunal concluded that, given the findings, the matter should be remitted for reconsideration by the Minister, with a direction that the visa applicant met the criteria under cl 309.211 and cl 309.221 of Schedule 2 to the Regulations.