Rahman (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision that had refused to grant the visa. The core of the dispute revolved around whether the applicant and their partner had a genuine and continuing de facto relationship, as required by the relevant migration regulations.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 820 visa, specifically concerning the genuineness and continuation of their de facto relationship. This involved assessing evidence relating to the couple's shared life, including the existence of a child of the relationship, the pooling of financial resources, and participation in joint social activities, as well as the fact of their registered marriage.

In its reasoning, the Tribunal considered the evidence presented in relation to the relationship. While not explicitly detailed in the provided text, the decision to remit suggests that the Tribunal found sufficient grounds to believe the applicant met certain criteria, including those related to the de facto relationship. The Tribunal applied the relevant provisions of Schedule 2 to the Migration Regulations, specifically clauses 820.211(2)(a) and 820.221(1)(a), and regulation 2.03A.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister with a direction that the applicant met the specified criteria for a Subclass 820 visa. The Minister was therefore to consider the remaining criteria for the grant of the visa.