1612128 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The review applicant sought to establish that they were the spouse of the sponsor, an Australian citizen. The central dispute revolved around whether the parties were in a genuine and continuing spousal relationship as defined by the Migration Act 1994.

The Tribunal was required to determine whether the parties met the criteria for a spousal relationship under the Act, specifically whether they were married to each other, had a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In making this determination, the Tribunal had to consider all the circumstances of the relationship, including financial and social aspects, the nature of the household, and the 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 in Canberra in January 2015, satisfying the requirement of being married to each other under a marriage valid for the purposes of the Act. The Tribunal accepted the oral and documentary evidence regarding the history of the relationship, including their initial correspondence via Facebook in May 2013, the applicant's first visit to Sydney in June 2013, and subsequent regular visits. The Tribunal was satisfied that the parties had a mutual commitment to a shared life and that the relationship was genuine and continuing, accepting the oral evidence of the parties as candid and credible.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, Subclass 820, with a direction that the applicant met the criteria under clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations. The Minister was directed to consider the remaining criteria for the visa.