1704788 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant claiming to be the spouse of an Australian citizen sponsor. The central dispute revolved around whether the parties were in a genuine spousal relationship and whether the sponsorship requirements were met. The decision was made by Fiona Meagher, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and sponsor were in a genuine spousal relationship, as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994, and whether the sponsorship limitations, specifically the existence of compelling circumstances of significant hardship or difficulty if the visa application failed, were satisfied. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other.

The Tribunal found that the parties were validly married in August 2016, satisfying the requirement of being married under a marriage valid for the purposes of the Act. While the sponsor had previously sponsored two spouses, leading to depression, and had no contact with his child, the Tribunal noted the parties met in 2014 and had been together since, with the applicant accompanying the sponsor to Australia. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the criteria for a Subclass 820 visa under clauses 820.211 and 820.221 of Schedule 2 to the Regulations.