TRINH (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa made by the applicant, a citizen of Vietnam, sponsored by his Australian citizen partner. The central dispute concerned whether the parties were in a genuine and continuing married relationship as required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Tribunal was required to determine if the applicant met the criteria for a spousal relationship under section 5F of the Act, specifically whether they were married to each other, had a mutual commitment to a shared life to the exclusion of others, were in a genuine and continuing relationship, and lived together or did not live separately and apart on a permanent basis.

The Tribunal's reasoning focused on assessing the evidence in light of the requirements of section 5F(2) of the Act and regulation 1.15A(3) of the *Migration Regulations 1994*. It considered various aspects of the relationship, including financial and social elements, the nature of the household, and the parties' commitment to each other. Crucially, the Tribunal noted the parties had provided a marriage certificate, and there was no evidence to suggest the marriage was not valid for the purposes of the Act. Furthermore, a DNA test confirmed the applicant and sponsor were the biological parents of their child, Tiffany Le, which the Tribunal considered in its assessment of the relationship's nature and commitment. Despite some minor inconsistencies in the evidence provided by the parties, the Tribunal found their evidence to be credible overall and addressed these inconsistencies in accordance with section 359AA of the Act.

Ultimately, the Tribunal concluded that it was satisfied the applicant was the spouse of the sponsor within the meaning of section 5F of the Act. Consequently, the Tribunal remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the applicant met the criteria specified in clauses 309.211, 309.212, 309.213, and 309.221 of Schedule 2 to the *Migration Regulations 1994*.