Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by a primary applicant, a woman from Vietnam, and a secondary applicant, her 15-year-old son. The primary applicant claimed to be in a married relationship with an Australian citizen. The Tribunal was required to determine whether the applicants met the criteria for the visa, particularly concerning the genuineness and continuation of the relationship between the primary applicant and the sponsor, and whether the secondary applicant satisfied the criteria for a dependent child.

The legal issues before the Tribunal were whether the parties were validly married and whether the other requirements for a married relationship, as outlined in regulation 1.15A of the Migration Regulations 1994, were met. Specifically, the Tribunal had to consider the financial, household, social, and commitment aspects of the relationship, and whether the secondary applicant qualified as a dependent child under regulation 1.03.

The Tribunal found that the parties were validly married, accepting their evidence and the marriage certificate presented. While documentary evidence supporting the early stages of the relationship was limited, the Tribunal found the couple to be credible witnesses and accepted their claims as true, particularly given the success of a prior prospective marriage visa application. The Tribunal also considered the financial aspects, noting the establishment of joint bank accounts and the pooling of financial resources. The Tribunal remitted the application for the visa to the Minister with a direction that the secondary applicant met the criteria for a Subclass 820 (Partner) visa.