1820779 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a Pakistani national, sought review of the Department's refusal to grant the visa. The sponsor was an Australian citizen. The core of the dispute revolved around whether the applicant and sponsor were in a genuine and continuing spousal or de facto relationship, and whether the applicant met the relevant criteria under subclause 820.211 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the definition of a spouse or de facto partner under sections 5F and 5CB of the Migration Act 1958, and specifically whether the applicant satisfied the requirements of subclause 820.211. This involved assessing the nature of the relationship between the applicant and the sponsor, considering various aspects including financial, household, social, and commitment elements as outlined in Regulation 1.15A.

The Tribunal concluded that the matter should be remitted for reconsideration. It found that the applicant met the criteria specified in cl.820.211(2) and cl.820.221(2) of Schedule 2 to the Regulations. The decision indicates that while the applicant and sponsor claimed to be married and provided a marriage certificate, the assessment of their relationship's genuineness and continuity, in light of all circumstances, led to this remittal. The Tribunal directed that the application be reconsidered with the applicant meeting these specific clauses.