1509532 (Migration)

The applicant, a citizen of the United Kingdom, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a Partner (Temporary) (Class UK) visa (subclass 820). The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant and their partner were in a genuine and continuing spousal relationship as required by the *Migration Regulations 1994* (Cth).

The court was required to determine whether the delegate of the Minister had erred in finding that the applicant had failed to satisfy the criteria for a genuine and continuing spousal relationship. Specifically, the court had to consider whether the evidence presented sufficiently demonstrated the shared life and commitment of the applicant and their partner, notwithstanding limitations in certain categories of evidence.

In reaching its decision, the court considered the evidence of shared household responsibilities and joint finances as indicators of a genuine relationship. It also acknowledged the limited evidence of social aspects of the relationship, but found that there were compelling reasons for these limitations. The court concluded that the evidence, when viewed holistically, demonstrated that the relationship was continuous and ongoing. Consequently, the court found that the delegate's decision was affected by an error of law, and the matter was remitted to the Minister for reconsideration with a direction to grant the visa.