1621053 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), by Mr A, a German national, in relation to his relationship with Ms B, an Australian citizen. The central dispute was whether Mr A was the spouse or de facto partner of Ms B for the purposes of the *Migration Regulations 1994*. The Administrative Appeals Tribunal was required to determine if the parties met the criteria for a spousal or de facto relationship under the Act and Regulations.

The Tribunal was tasked with assessing whether the parties were in a valid marriage and, if so, whether the other requirements for a spousal relationship were met, as defined by section 5F of the *Migration Act 1958*. This involved considering the definition of a spouse, which requires a valid marriage, mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and cohabitation. The Tribunal also had to consider all circumstances of the relationship, including financial, household, social aspects, and commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married in June 2015, satisfying the requirement under section 5F(2)(a) of the Act. However, the decision text indicates that further consideration of the remaining criteria for a spousal relationship was necessary, alongside the assessment of a de facto relationship. The Tribunal concluded that the matter should be remitted for reconsideration, directing that Mr A met the criteria under clauses 820.211 and 820.221(1) of Schedule 2 to the Regulations.