Aldridge (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by a citizen of Bangladesh, along with her two children as secondary applicants. The sponsor was an Australian citizen. The core dispute concerned whether the applicant and the sponsor were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the parties met the criteria for a spousal relationship under the *Migration Act*, specifically whether they were married to each other under a valid marriage, demonstrated a mutual commitment to a shared life as a married couple to the exclusion of others, and whether their relationship was genuine, continuing, and they lived together or not separately and apart on a permanent basis, as stipulated by section 5F(2) of the Act. The Tribunal also had to consider all circumstances of the relationship, including financial and social aspects, and the nature of their household and commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal reasoned that the definition of 'spouse' under section 5F(2) of the Act required a comprehensive assessment of the relationship's various facets. While the parties had provided evidence such as unsworn statements, letters of support, joint bank accounts, a will appointing the applicant as an executor, and evidence of the sponsor's travel to meet the applicant, the Tribunal found that further consideration of the criteria was necessary. The Tribunal noted that the parties had married in an Islamic ceremony in Bangladesh and that the sponsor had converted to Islam. The Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration. It directed that the first named visa applicant met the criteria under cl.309.211 and cl.309.221 of Schedule 2 to the Regulations. The Tribunal made no findings in relation to the secondary applicants and remitted their applications to the Department for consideration.