Alunen (Migration)

This matter concerned an application by Ms Alunen for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The dispute before the Tribunal was whether Ms Alunen and Mr Maquera, an Australian citizen, were in a spouse or de facto 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 genuine and continuing married relationship, considering all aspects of their relationship.

The Tribunal was required to assess whether the parties met the requirements of a married relationship under section 5F(2) of the Act, which includes being validly married, having a mutual commitment to a shared life to the exclusion of others, the relationship being genuine and continuing, and the couple living together or not living separately and apart on a permanent basis. In making this assessment, the Tribunal had regard to Regulation 1.15A(3) of the Migration Regulations 1994, which mandates consideration of the financial, household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal found that the parties had provided sufficient evidence of a valid marriage, evidenced by a marriage certificate from the Republic of Singapore. However, the Tribunal determined that further consideration was needed regarding the other criteria for a spouse relationship, particularly the financial, household, and social aspects, and the nature of their commitment. The Tribunal noted the parties' online introduction, frequent communication, and travel to meet each other, but concluded that the evidence presented did not fully satisfy all the requirements for a genuine and continuing spouse relationship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Ms Alunen met the criterion under clause 820.211(2)(a) of Schedule 2 to the Regulations, which pertains to being the spouse of an Australian citizen. This indicated that while the validity of the marriage was established, the assessment of the relationship's genuineness and other defining characteristics required further evaluation.