Abdulwahab (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision concerning their eligibility for the visa. The core dispute revolved around whether the applicant was the spouse of the sponsor for the purposes of the *Migration Act 1958* (Cth) and associated regulations, both at the time of the visa application and at the time of the decision.

The Tribunal was required to determine three key legal issues. Firstly, whether the visa applicant was the sponsor’s spouse at the time the visa application was made, as per clause 309.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). Secondly, whether the visa applicant continued to satisfy the criterion in clause 309.211 at the time of the decision. Thirdly, whether the visa applicant continued to be the spouse of the sponsor at the time of the decision, as per clause 309.223.

The Tribunal applied the definition of 'spouse' found in section 5F of the Act, which requires a married relationship. This includes being married under a valid marriage, having a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. The Tribunal considered evidence of a marriage contract and certificate from Lebanon, finding the marriage to be valid for the purposes of the Act. The Tribunal also considered additional documentation and oral evidence from the sponsor, finding her to be frank and credible.

Given the findings, the Tribunal concluded that the appropriate course was to remit the application for a visa to the Minister for reconsideration. The Tribunal directed that the visa applicant met the criteria for a Subclass 309 visa under clauses 309.211, 309.221, and 309.223 of Schedule 2 to the Regulations.