YAO (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of YAO for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision made by the Minister to refuse to grant the visa. The central issue was whether the relationship between YAO and her partner met the criteria for a genuine and continuing spousal relationship as required by the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether YAO and her partner had a genuine and continuing commitment to each other, to the exclusion of all others, and whether they lived together in a genuine relationship as husband and wife. This involved assessing the nature of their commitment, their financial interdependence, the nature of their household, and their social aspects.

In its reasoning, the Tribunal applied the principles established in migration law concerning the assessment of spousal relationships. It considered the totality of the relationship, examining evidence relating to shared finances, accommodation arrangements, social interactions, and the overall commitment of the couple. The Tribunal found that while some aspects of the relationship were satisfactory, there were deficiencies in the evidence presented regarding the financial and household aspects, and the nature of the commitment. Consequently, the Tribunal determined that it could not be satisfied that the relationship met the legislative criteria. The decision under review was therefore remitted to the Department of Home Affairs for reconsideration.