Vu (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant provided limited documentary evidence to the Department, but a more extensive collection of evidence and submissions were later presented to the Tribunal. The core of the dispute revolved around whether the applicant met the criteria for a genuine and continuing relationship, despite the relationship having ceased amicably and the parties sharing equal parental responsibilities for their children as confirmed by consent orders of a local court.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 820 (Partner) visa, specifically clauses 820.211(2) and 820.221(1) of Schedule 2 to the Migration Regulations 1994. This involved assessing all the circumstances of the relationship, including its financial, household, and social aspects, as well as the nature of the commitment between the parties, as outlined in regulation 1.15A.

The Tribunal found that the decision to refuse the visa had been made without a necessary hearing. It applied regulation 1.15A, which mandates consideration of various aspects of a relationship when assessing applications for Partner visas. The Tribunal concluded that the application should be remitted to the Minister for further consideration of the remaining criteria for the Subclass 820 visa.