1719431 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr A, an Indian national, sponsored by Ms B, an Australian citizen. The central dispute revolved around whether Mr A and Ms B were in a genuine and continuing married relationship at the time of the visa application and at the time of the decision, as required by clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the parties met the definition of "spouse" under section 5F of the Migration Act 1958, which necessitates a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of others, a genuine and continuing relationship, and cohabitation.

The Tribunal considered the definition of a married relationship under section 5F(2) of the Act, which requires regard to all circumstances, including financial and social aspects, the nature of the household, and the commitment to each other, as detailed in regulation 1.15A(3). The Tribunal found that the parties had met and commenced their relationship in mid-2014, were legally married in November 2015, and had been living together with Ms B's children since that time. Despite the applicant having previously been in Australia unlawfully, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant met the criteria under cl.820.211 and cl.820.221(1) of Schedule 2 to the Regulations.