Tai (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa made by a Chinese national, the applicant, who was seeking to establish a spousal relationship with the sponsor. The applicant had a complex visa history, including previous visa refusals and periods of unlawful status in Australia, before re-entering on a tourist visa and subsequently applying for the Partner visa. The Tribunal had before it the Department's file, documentary evidence provided by the applicant, statutory declarations, written submissions, and oral evidence from both the applicant and the sponsor.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing spousal or de facto relationship, as required for the grant of a Partner visa. This involved assessing the various aspects of their relationship, including financial, household, social, and commitment elements, as outlined in regulation 1.15A of the Migration Regulations 1994. The Tribunal also had to consider the applicant's visa history and compliance with relevant migration law provisions.

The Tribunal found the applicant and sponsor to be credible witnesses, accepting their oral evidence regarding their relationship history, development, and the nature of their commitment. The Tribunal observed their interaction and concluded they had a close and cooperative relationship, consistent with a genuine partnership. Based on these findings, the Tribunal determined that the applicant met the criteria for a Subclass 820 (Partner) visa, specifically clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister with a direction that the applicant meets the specified criteria for a Subclass 820 (Partner) visa. This indicates that the Tribunal was satisfied with the relationship aspect of the application and directed that the remaining criteria be considered by the Minister.