Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by a 50-year-old Vietnamese woman (the applicant) in relation to a 71-year-old Australian man (the sponsor). The dispute before the Tribunal was whether the parties were in a genuine and continuing de facto relationship, and whether they had been in such a relationship for at least 12 months prior to the visa application. The Tribunal was required to consider the evidence presented, which included travel records, financial documents, utility bills, medical information, and statutory declarations.

The legal issues before the Tribunal were whether the parties were in an ongoing de facto relationship at the time of the visa application, whether this relationship had existed for at least 12 months prior to lodgement, and whether the relationship remained genuine and continuing at the time of the decision. These issues were to be determined by reference to the definition of "de facto partner" in s.5CB of the Migration Act 1958 (Cth) and the considerations outlined in r.1.09A(3) of the Migration Regulations 1994, which require an assessment of the financial and social aspects of the relationship, the nature of the household, and the parties' commitment to each other.

The Tribunal, presided over by Member Nicola Findson, considered the evidence provided by the parties, noting that it had before it more information than was available to the original delegate. The Tribunal's reasoning focused on the need to assess all circumstances of the relationship, including financial pooling, household responsibilities, social presentation, and the nature of the commitment. While the specific findings on each criterion are not detailed, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the criteria specified in cl.820.211(2)(a) and cl.820.221 of Schedule 2 to the Regulations, and r.2.03A of the Migration Regulations. This indicates that the Tribunal found sufficient grounds to direct that these specific criteria were met, allowing for further consideration of the application.