1822779 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that they were in a spouse or de facto relationship with the sponsor, an Australian citizen, for the purposes of the Migration Regulations 1994. The Tribunal was required to determine whether the parties met the criteria for a spouse relationship, which necessitates a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of all others, and that the relationship be genuine and continuing, and that the couple live together or not separately and apart on a permanent basis.

The Tribunal considered the evidence presented, including a marriage certificate, oral evidence from the applicant and sponsor, and documentary evidence relating to financial aspects of the relationship. While the Tribunal accepted that the parties were validly married under Australian law, it found that this evidence alone did not sufficiently demonstrate a mutual commitment to a shared life or a genuine and continuing relationship. The Tribunal also examined the financial aspects, noting the parties' oral evidence of no joint assets or liabilities, and the inconsistent evidence regarding joint bank accounts, giving limited weight to some of this evidence due to a lack of further documentation.

Given the findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria under cl 820.211(2) and cl 820.221(1)(a) of Schedule 2 to the Regulations, indicating that further assessment of the remaining criteria for the Subclass 820 visa was required.