1702908 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Mr A, who claimed to be the spouse of Ms B, an Australian citizen. The central dispute was whether Mr A and Ms B were in a genuine and continuing married relationship at the time of the visa application, and if so, whether that relationship had broken down due to family violence. The decision was made by a member of the Tribunal.

The legal issues before the Tribunal were whether Mr A met the requirements of clause 820.211(2)(a) and clause 820.221 of Schedule 2 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if Mr A was the spouse of Ms B as defined by section 5F of the Migration Act 1958, which requires a married relationship characterised by mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis.

The Tribunal considered all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other, as outlined in regulation 1.15A(3). While Mr A and Ms B had communicated extensively online, travelled together, and Mr A had travelled to Australia and lived with Ms B for a period, the Tribunal found that there was no evidence of joint assets or liabilities, nor a significant pooling of financial resources. Furthermore, statements from friends and family were not considered persuasive in demonstrating a committed relationship. The Tribunal concluded that the relationship was not genuine and continuing, and therefore Mr A did not meet the criteria for the visa.

The Tribunal affirmed the decision not to grant Mr A a Partner (Temporary) (Class UK) visa.