1516137 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, specifically a Subclass 100 visa. The applicant claimed to be the spouse of the sponsoring partner, an Australian citizen. The central dispute before the Tribunal was whether the applicant continued to be in an ongoing and genuine spousal relationship with her sponsoring partner, as required by clause 100.221 of the Migration Regulations 1994.

The Tribunal was required to determine if the parties met the criteria for a spousal relationship under section 5F of the Migration Act 1958. This involved assessing whether they were married to each other under a marriage valid for the purposes of the Act, whether there was a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as detailed in regulation 1.15A.

The Tribunal found that the parties were validly married under a marriage recognised by the Act, having registered their marriage in China on 28 December 2012. Regarding the other requirements for a spousal relationship, the Tribunal had regard to evidence of financial aspects, including a joint bank account and the sponsor managing finances and supporting the applicant, who maintained the home and had no income. While the Tribunal made findings on the validity of the marriage and some aspects of the relationship, it concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for the Subclass 100 visa. The Tribunal directed that the applicant met the criteria under clause 100.221.