1513070 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by Mrs Deng, who claimed to be the spouse of Mr Zhou, an Australian permanent resident. The central dispute was whether Mrs Deng met the definition of "spouse" as defined in section 5F of the Migration Act 1958 (Cth). The Tribunal was required to determine if the parties were validly married and if they met the other criteria for a spousal relationship under the Act.

The Tribunal was required to assess whether the parties were in a married relationship that was valid for the purposes of the Act, demonstrated a mutual commitment to a shared life to the exclusion of others, was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In making this assessment, the Tribunal had regard to all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married. It considered evidence of their shared finances, including a joint bank account, a savings account accessed by both, and a joint deposit for a villa purchase. The Tribunal also noted their shared living arrangements since their marriage in October 2012, their attendance at family gatherings, and their stated intention to build a future together, including having children. Their families recognised their spousal relationship. Based on this evidence, the Tribunal concluded that the parties met the criteria for a spousal relationship.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 801 (Partner) visa under clauses 801.221(2) and 801.221 of Schedule 2 to the Regulations.