1819561 (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The visa applicant sought to establish that they were the spouse of the review applicant, an Australian permanent resident. The Tribunal was required to determine whether the parties were spouses for the purposes of the *Migration Act 1958* (Cth) at the time of the visa application and at the time of the Tribunal's decision.

The primary legal issues before the Tribunal were whether the parties were validly married and whether they were in a genuine and continuing spousal relationship. Specifically, the Tribunal had to consider the definition of "spouse" under section 5F of the Act, which requires a married relationship involving mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. The Tribunal was also directed to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties were validly married, noting that the Department's delegate had not expressed concerns about the marriage's validity under Australian law, and there was nothing before the Tribunal to cast doubt on it. While the parties lived in separate countries, which explained a lesser level of face-to-face contact, the Tribunal considered evidence of their detailed knowledge of each other, their long-term commitment, and the fact that they were validly married. The Tribunal concluded that the parties displayed a detailed knowledge of each other and were in a genuine spousal relationship.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration. The Tribunal directed that the visa applicant met the criteria for a Subclass 309 (Partner (Provisional)) visa under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.