Tan (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision concerning the genuineness of their spousal relationship.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically in relation to the genuineness of their relationship. The Tribunal also considered the impact of new evidence presented by the applicant.

The Tribunal was satisfied that, in light of the new evidence, the criterion for the visa was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria under cl.820.223 of Schedule 2 to the Regulations, subject to the condition that original documents are made available to the Department for verification.