1913872 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa. The applicant had initially been granted a Subclass 820 visa following his marriage. However, the sponsor subsequently withdrew her sponsorship, stating the relationship had ceased. The applicant later provided additional documentation, including statutory declarations, evidence of a resumed marriage relationship, and a new sponsorship form. The Tribunal considered the claims and evidence presented by both the applicant and the sponsor.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 801 (Partner) visa, specifically concerning the genuineness and continuation of the relationship, notwithstanding the prior separation and withdrawal of sponsorship. This required the Tribunal to assess all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment between the parties, as outlined in regulation 1.15A of the Migration Regulations 1994.

The Tribunal found the applicant and sponsor to be credible witnesses, whose oral evidence was given thoughtfully and authentically. The Tribunal noted that cultural differences and personal difficulties, including miscarriages experienced by the sponsor, had led to friction and a period of separation. However, the parties had subsequently re-established their relationship, resumed communication, and recommitted to their marriage. Evidence such as joint tenancy applications, shared household expenses, and joint social activities supported their claim of a resumed and genuine relationship.

Given these findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under Cl 801.221(2) of Schedule 2 to the Regulations, allowing for further assessment of the remaining criteria for the Subclass 801 visa.