Shah (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought review of a decision concerning their eligibility for this visa.

The Tribunal was required to determine whether the applicant and their sponsor met the criteria for a subclass 820 visa, specifically in relation to their genuine and continuing relationship. The Tribunal also had to consider the applicant's credibility as a witness.

The Tribunal found that the applicant and sponsor were validly married, held joint ownership of assets and liabilities, and demonstrated a mutual commitment to a shared life. Their strong desire to conceive a child was also noted as a factor supporting their relationship. The Tribunal concluded that the applicant was a credible and honest witness. Consequently, the Tribunal remitted the application to the Minister for consideration of the remaining criteria for the subclass 820 visa, with a direction that the applicant met specific criteria under clauses 820.211(2)(a) and 820.221(1)(a) of Schedule 2 to the Regulations.