1420444 (Migration)

This matter concerned an appeal by an applicant against the refusal of a subclass 801 visa. The applicant had initially been granted a subclass 820 visa and subsequently applied for the 801 visa. The Administrative Appeals Tribunal was required to determine whether the applicant and her sponsor were in a married relationship that met the criteria for the visa.

The Tribunal was tasked with assessing whether the applicant and her sponsor met the requirements of section 5F(2)(a)-(d) of the Migration Act 1958 (Cth) to establish a 'married relationship'. This involved considering various aspects of their relationship, including their living arrangements, financial situation, commitment to each other, broader recognition of their relationship, and shared social activities, as outlined in regulation 1.15A(3) of the Migration Regulations 1994. The Tribunal also had to consider allegations of a contrived relationship that had been raised by the Department.

The Tribunal found, based on the oral and documentary evidence, that the parties were validly married and had a mutual commitment to a shared life as husband and wife, to the exclusion of all others. It was satisfied that their relationship was genuine and continuing, and that they lived together. The Tribunal also found no factual basis to substantiate the allegations of a contrived relationship. Consequently, the Tribunal was satisfied that the parties met the definition of a 'married relationship' under section 5F(2) of the Act.

Given these findings, the Tribunal remitted the applications for the visa to the Minister for consideration of the remaining criteria.