Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by a 65-year-old woman from Vietnam, who claimed to be in a married relationship with her sponsor, a 77-year-old Australian citizen. The applicant and sponsor met in late 2019, married in February 2020, and the visa application was lodged a month later. The applicant alleged the relationship ended in May 2021 when the sponsor evicted her, and that she suffered family violence for approximately 12 months prior to this. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically whether the relationship was genuine and continuing at the time of application, and if not, whether the exception for family violence applied.

The Tribunal was tasked with assessing the evidence regarding the financial, household, and social aspects of the relationship, as well as the mutual commitment between the applicant and sponsor. The primary legal issue was whether the sponsor possessed the requisite subjective intention of a mutual commitment to a shared life as a married couple, to the exclusion of all others, at the time the visa application was made. The Tribunal also considered whether the applicant's claims of mistreatment constituted family violence within the meaning of the Act, which would be relevant if the relationship had ceased.

In its reasoning, the Tribunal found the evidence presented to be limited and inconsistent. While accepting the applicant's evidence that, from her perspective, the relationship was genuine and that she had been mistreated, the Tribunal concluded that the sponsor did not demonstrate the necessary mutual commitment. The sponsor's conduct, including an ongoing relationship with another woman and his eventual eviction of the applicant, was found to be indicative of a lack of commitment to a genuine relationship and a shared life. The Tribunal noted that while the applicant may not have perceived this lack of commitment at the time of marriage, it had emerged by the time of the visa application. Consequently, the Tribunal affirmed the decision not to grant the visa, finding that the applicant did not satisfy the criteria.