Tam (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought to have the decision reviewed by the Tribunal, which was tasked with determining whether the applicant met the requirements of clause 309.225 and satisfied Public Interest Criterion (PIC) 4009, specifically concerning the intention of the visa applicant and their sponsor to live in Australia permanently.

The primary legal issue before the Tribunal was whether the visa applicant satisfied PIC 4009, which requires that both the visa applicant and their sponsor intend to live in Australia permanently. The Tribunal's review was restricted to this specific criterion, as per the President's Direction. The Tribunal examined evidence of the parties' long-standing relationship, including their marriage since 1999, the birth of three children, joint property purchases in Australia and overseas, shared financial resources, and joint responsibility for childcare and education. Evidence of their presentation as a married couple to family and friends was also considered, indicating a significant period of commitment to the relationship.

The Tribunal noted that while there was substantial evidence of a committed spousal relationship, it did not make a determination on whether the applicant was the spouse or de facto partner of the review applicant, deeming it more appropriate for the Department to assess these criteria. The Tribunal also considered the limited time the parties had spent in Australia, noting that the visa applicant had spent 262 days and the review applicant 265 days in Australia. Despite these considerations, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for the Partner (Provisional) (Class UF) visa, Subclass 309, for reconsideration. The direction was that the visa applicant meets PIC 4009 for the purpose of clause 309.225 of Schedule 2 to the Regulations.