1909414 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision that had not satisfied the delegate that she was the spouse of the sponsor at the time of her visa application. The core of the dispute revolved around whether the applicant and sponsor were in a genuine and continuing married relationship when the visa application was lodged.

The Tribunal was required to determine whether the applicant met the requirements of clause 820.211(1) of the Migration Regulations 1994, specifically whether she was the holder of a Subclass 771 (Transit) visa at the time of application and whether she was the spouse of an Australian permanent resident. A further issue arose regarding whether the applicant had suffered family violence committed by the sponsor, as defined by the Regulations, which could impact the assessment of the relationship's cessation.

The Tribunal found that the applicant met the criteria in clause 820.211(1)(a) as she was not the holder of a Subclass 771 visa. Crucially, the Tribunal was satisfied that the applicant and sponsor were in a married relationship at the time of application, fulfilling the requirements of clause 820.211(2). This satisfaction was based on evidence demonstrating a mutual commitment to a shared life, the genuineness and continuation of the relationship, and that they lived together. The Tribunal also considered evidence of events after the application date, as permitted by case law, to inform its findings about the relationship's status at the time of application. Regarding family violence, the Tribunal found that the applicant's statutory declarations met the regulatory requirements for a non-judicially determined claim of family violence.

The Tribunal concluded that the matter should be remitted for reconsideration.