TRAN (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by Mr. Tran, who sought to establish that he was the spouse of the sponsor, an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship as defined by section 5F of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the parties were validly married, whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all others, whether their relationship was genuine and continuing, and whether they lived together or did not live separately and apart on a permanent basis. In assessing these matters, the Tribunal was directed to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the sponsor, Mr. Tran, was an Australian citizen. It then considered the evidence presented, which included a marriage certificate, statutory declarations, money transfers totalling $7,700, birthday cards, hotel receipts, resident registration, photographs of various events and activities, and a Form 888 statement from a friend. The Tribunal concluded that the evidence demonstrated a genuine and continuing spousal relationship between the parties.

Consequently, the Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration by the Minister, with a direction that the first named visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.