1708378 (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought to establish that they were the spouse of the sponsor, an Australian citizen, for the purposes of the *Migration Act 1958* (Cth). The Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship, as defined by section 5F of the Act, at the time of the visa application and at the time of the decision.

The central legal issue was whether the applicant and sponsor met the criteria for a spousal relationship under section 5F(2) of the Act. This required the Tribunal to assess whether the parties were married, had a mutual commitment to a shared life to the exclusion of others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. In making this assessment, the Tribunal had regard to all circumstances of the relationship, including financial and social aspects, the nature of their household, and their 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 under Liberian law, satisfying section 5F(2)(a). However, concerns were raised regarding inconsistencies in the applicant's evidence, including the declaration of children and the sponsor's lack of knowledge about one of the applicant's biological children. The Tribunal noted that while the parties resided in separate countries, limiting evidence of a joint household, financial support was provided to the applicant. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.