1712433 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant claimed that her relationship with the sponsoring partner had ceased and that she had been a victim of family violence. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether she was the spouse of the sponsoring partner at the time of the application and whether she had experienced family violence.

The Tribunal considered the definition of a "spouse" under section 5F of the Migration Act 1958, which requires a valid marriage, a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and that the couple live together or not separately and apart on a permanent basis. The Tribunal also had regard to regulation 1.15A of the Migration Regulations 1994, which mandates consideration of financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. The applicant's claims of family violence were also to be assessed in accordance with regulations 1.21 and 1.23.

The Tribunal found that while the parties were validly married, the evidence did not demonstrate a genuine and continuing spouse relationship. There was a lack of evidence regarding pooled financial resources, shared household expenses, or joint assets. Furthermore, no evidence of family violence was provided, nor was there evidence of companionship and emotional support. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the visa at the time of the application or at the time of the decision.

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