1726551 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought to establish that they were in a genuine spousal relationship with an Australian citizen at the time of the visa application and at the time of the decision. The Tribunal was required to consider whether the parties met the criteria for a married relationship as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994 (Cth).

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they met the further requirements of a married relationship, specifically concerning mutual commitment to a shared life, the genuineness and continuing nature of the relationship, and whether they lived together or not separately and apart on a permanent basis. In assessing these matters, the Tribunal had to have regard to all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other, as outlined in Regulation 1.15A(3).

The Tribunal found that the parties were validly married, satisfying section 5F(2)(a). However, the Tribunal did not make a final determination on the other criteria for a spouse relationship. Instead, given the findings made, the Tribunal remitted the applications for the visa to the Minister for reconsideration. The remittal was accompanied by a direction that the first applicant met specific criteria for the Subclass 820 visa, and the secondary applicant met another specified criterion.