Amini (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, brought by Mr. Amini. The core dispute before the Tribunal was whether Mr. Amini was the spouse or de facto partner of the sponsor, an Australian permanent resident, as defined by the *Migration Act 1958* (Cth). The Tribunal was required to determine if the relationship between the applicant and the sponsor met the criteria for either a married or de facto relationship under the Act.

The legal issues before the Tribunal were whether the parties were validly married and, if not, whether they were in a de facto relationship. The definition of a spouse under s.5F of the Act requires a married relationship, mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation without permanent separation. Similarly, the definition of a de facto partner under s.5CB of the Act requires a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, cohabitation without permanent separation, and that the parties are not related by family. The Tribunal was also directed to consider various aspects of the relationship, including financial, household, social, and commitment elements, as outlined in regulation 1.09AD.

The Tribunal considered evidence relating to the pooling of financial resources, shared household expenses, joint care of children, and the parties representing themselves as married. It also noted the high level of companionship and emotional support between the parties, and that the sponsor had relocated to Australia due to safety concerns. While the Tribunal did not make a final determination on the nature of the relationship, it found that the applicant met certain preliminary criteria for the visa.

Consequently, the Tribunal remitted the applications for the Partner (Provisional) (Class UF) visas to the Minister for reconsideration. The remittal was accompanied by a direction that the first named visa applicant met the criteria specified in cl.309.211 and cl.309.221 of Schedule 2 to the Regulations, and r.2.03A.