Abdule (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant claimed to be the spouse of the review applicant, an Australian permanent resident. The central dispute was whether the parties were in a genuine and continuing married relationship as defined by section 5F of the Migration Act 1958 (Cth).

The Tribunal was required to determine if the parties met the criteria for a spouse relationship under section 5F(2) of the Act, which includes being married, having a mutual commitment to a shared life to the exclusion of others, and living together or not living separately and apart on a permanent basis. In assessing these criteria, the Tribunal had regard to all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married and were not siblings, satisfying section 5F(2)(a). However, the Tribunal noted that the visa applicant resided in Ethiopia while the review applicant lived in Australia, was unemployed, and relied on Centrelink benefits and support from a settlement agency. Due to the review applicant's financial circumstances, there were limited joint assets or liabilities, and minimal financial support had been provided to the visa applicant. The Tribunal concluded that further consideration of the remaining criteria for the visa was necessary.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria under clauses 309.211(2) and 309.221 of Schedule 2 to the Regulations.