Akker (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant, Mrs. Vo, sought to establish that she was the spouse of the sponsor, Mr. Akker, as defined by section 5F of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship.

The primary legal issue before the Tribunal was whether the applicant and the sponsor met the definition of "spouse" under section 5F of the Act. This definition requires that the parties be married to each other under a valid marriage, demonstrate a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship be genuine and continuing, and that they live together or not separately and apart on a permanent basis. The Tribunal was also directed to consider the matters set out in regulation 1.15A of the Migration Regulations 1994, which include financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other.

The Tribunal considered various pieces of evidence, including statements from friends and family, financial documents such as pay slips and telephone plans, travel bookings, and communications between the parties and with the secondary applicant. While the Tribunal accepted that the sponsor was an Australian citizen and that the parties had engaged in some joint activities and shared financial responsibilities, it did not make a definitive finding on the genuineness and continuing nature of the spousal relationship. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the applicant met the criteria for the visa concerning her relationship with the sponsor.