Amoah (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant sought review of a decision by the Tribunal. The core of the dispute revolved around whether the parties continued to be in a genuine and continuing married relationship since the grant of the applicant's subclass 309 visa.

The legal issues before the court were whether the parties were validly married and, if so, whether they met the other requirements for a spouse relationship as defined by section 5F of the Migration Act 1958 (Cth). This involved assessing the financial and household aspects of their relationship, their social interactions, and the nature of their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal considered the parties' oral evidence, given separately and together, as well as the evidence of the sponsor's sister and other friends and family members, all of whom were found to be credible. The Tribunal was satisfied that the parties were validly married and remained so. It also found that they pooled their financial resources, shared household expenses, and had joint responsibility for their three children. The Tribunal noted their joint lease and ownership of a vehicle, and that the applicant had nominated his wife and children as beneficiaries of his superannuation. Based on these findings, the Tribunal concluded that the parties presented as a typical married couple with children.

Given its findings, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under cl 100.221 of Schedule 2 to the Regulations.