Zhao (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Partner (Temporary) (Class UK) visa, Subclass 820, made in respect of the applicant, Ms. Zhao. At the time of her application, Ms. Zhao was the spouse of an Australian permanent resident, and the parties were validly married. The core of the dispute revolved around whether the relationship between Ms. Zhao and her spouse was genuine and, if so, whether the visa application should have been granted.

The Tribunal was required to determine whether the delegate's decision to refuse the visa application was the correct or preferable decision. This involved assessing the evidence presented by Ms. Zhao to demonstrate the genuineness of her marital relationship with her Australian permanent resident spouse, and whether the delegate had adequately considered all relevant factors in reaching their conclusion.

The Tribunal found that the delegate had failed to properly consider all the evidence before them, particularly in relation to the genuineness of the relationship. Consequently, the Tribunal remitted the decision to the delegate for reconsideration, directing that all relevant factors be properly weighed and assessed.