2107076 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The primary issue before the Tribunal was whether the first applicant was the spouse of the sponsoring partner for the purposes of the *Migration Act 1958* (Cth). The Tribunal had invited the applicants to provide further information and evidence regarding the circumstances of their relationship, as defined by regulation 1.15A(3) and section 5F(2) of the Act, by 30 June 2022. Despite a courtesy reminder, the applicants failed to provide the requested material by the due date.

The Tribunal was required to determine if the applicants had provided sufficient evidence to satisfy the criteria for a Partner (Residence) visa, particularly concerning the genuine and continuing nature of their spousal relationship. This involved assessing various aspects of their relationship, including financial matters, household arrangements, social interactions, and their commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth). The Tribunal considered information and evidence submitted after the initial deadline, including statutory declarations, a marriage certificate, driver's licences, a birth certificate, bank statements, and medical reports relating to a dependent child.

The Tribunal reasoned that while some information was submitted late, it was available prior to the hearing and provided a basis for reconsideration. The Tribunal accepted that the first applicant met the criteria under cl.801.221(2)(c) of Schedule 2 to the Regulations, and the second applicant met the criteria under cl.801.311(2)(a) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for the Partner (Residence) (Class BS) visas for reconsideration by the Minister, with directions regarding these specific criteria.