Vo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa. The applicant, Ms Vo, sought to have a decision to refuse her visa affirmed. The dispute centred on whether Ms Vo and her former sponsor were in a genuine and continuing relationship, meeting the criteria for the visa.

The Tribunal was required to determine whether the applicant and her former sponsor had a mutual commitment to a shared life to the exclusion of all others, and whether they lived together on a permanent basis, as required by s 5F(2) of the Migration Act 1958 (Cth) and cl 801.221(6)(b) of the Migration Regulations 1994. This involved assessing various factors including the duration of the relationship, the nature of the household, the social aspects, and the nature of their commitment to each other.

The Tribunal found that while the applicant and former sponsor had known each other since 2009 and had lived together for approximately twenty-six months, the evidence did not satisfy the requirements for a genuine and continuing relationship. The Tribunal noted inconsistencies in the applicant's statements regarding the commencement and duration of a relationship with another man, Steve, and found that this relationship had likely lasted for approximately twelve months, from mid-2015 to mid-2016, rather than the shorter period claimed by the applicant. Furthermore, the Tribunal was not satisfied that the former sponsor had a genuine commitment to a spousal relationship, suggesting his intention was for the applicant to act as a nurse/carer. The Tribunal also found no evidence of significant companionship or emotional support drawn between the parties, and that the applicant did not see the relationship as long-term, particularly given her involvement with Steve.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa, finding that the applicant did not meet the criteria for the grant of the visa under cl 801.221(6) of the Regulations.