Yeung (Migration)

This matter concerned an appeal by a visa applicant and her two children against the decision to refuse their Partner (Temporary) (Class UK) visa applications. The primary issue before the Tribunal was whether the applicant and her sponsor were in a genuine de facto relationship at the time of the visa application and a genuine spousal relationship at the time of the decision, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant and her sponsor met the criteria for a genuine and continuing spousal or de facto relationship. This involved assessing the credibility of the information provided by the applicants, particularly in light of inconsistencies in their initial claims about how and when they met, and their subsequent acknowledgement of meeting through an introduction agency. The Tribunal also had to consider the definition of a "spouse" under section 5F of the Migration Act 1958, which requires a valid marriage, mutual commitment to a shared life, a genuine and continuing relationship, and cohabitation.

The Tribunal found that the applicants had provided incorrect information to the Department and that their travel records were inconsistent with their original claims. The Tribunal applied the principles outlined in regulation 1.15A of the Migration Regulations 1994, which mandates consideration of financial, household, social aspects, and the nature of the commitment to each other when assessing a relationship for visa purposes. Due to the credibility issues and the lack of evidence demonstrating a genuine and continuing relationship that met the regulatory requirements, the Tribunal concluded that the applicants had not satisfied the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decisions not to grant the Partner (Temporary) (Class UK) visas to the applicants.