Zhongjie (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) (Class UF) visa made by a Chinese national, sponsored by an Australian citizen. The applicant had previously overstayed her visa in Australia and departed in 2015. The parties met in 2008, commenced living together in 2010 while the sponsor was still married, and married in 2015 after the applicant's departure from Australia. A previous partner visa application was refused in 2017. The current application was lodged in June 2017.

The AAT was required to determine whether the applicant met the criteria for the grant of a Partner (Provisional) visa, specifically assessing the genuineness and commitment of the relationship in accordance with the Migration Regulations 1994. This involved considering the financial aspects, nature of the household, social aspects, and the nature of the commitment to each other.

The Tribunal found a lack of supporting evidence regarding the financial aspects of the relationship, noting no joint loans or assets and that the applicant still owned marital property with her ex-wife. Furthermore, the Tribunal observed minimal evidence relating to the social aspects of the relationship and expressed doubt about the parties' perception of the relationship as long-term. The Tribunal also noted the applicant's reluctance to disclose her relationship to her daughters and inconsistencies in the provided evidence.

Consequently, the AAT affirmed the decision not to grant the visa applicant a Partner (Provisional) (Class UF) visa, concluding that the applicant did not satisfy the criteria for the visa.