2101188 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of a decision concerning her eligibility for the visa. The Tribunal considered the evidence presented by both the applicant and the sponsor, her spouse.

The primary legal issues before the Tribunal were whether the applicant was sponsored by her spouse at the time of application, and whether she was the de facto partner of the sponsor at the time of application and his spouse at the time of the decision. These determinations required the Tribunal to assess the genuineness and continuity of the relationship between the applicant and the sponsor, having regard to the criteria set out in the relevant regulations.

The Tribunal found that the sponsorship requirements were met, as the sponsor was an Australian citizen over 18 and had submitted the required form. The Tribunal was satisfied, based on the evidence including a civil partnership certificate, marriage certificate, photographs, joint property ownership, financial arrangements, and statements from friends and family, that the applicant and sponsor had a genuine and continuing relationship. The Tribunal noted the sponsor's significant criminal history and its impact on his family relationships, but concluded that these factors did not negate the genuineness of the current relationship. The Tribunal remitted the matter for reconsideration.