Awan (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant, an Australian citizen, sponsored the visa applicant, who was born in Pakistan. The central dispute was whether the parties were in a genuine and continuing spousal relationship at the time of the visa application and at the time of the decision. The Tribunal, presided over by Moira Brophy, was required to determine if the parties met the criteria for a married relationship as defined by the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the parties were validly married for the purposes of the Act, and if so, whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. These considerations were to be made having regard to all the circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties' marriage, which occurred on 21 July 2017, was valid for the purposes of the Act. The parties had met through an arranged marriage process and had a child together, with a second child expected. The Tribunal accepted the oral evidence of both parties as credible and found that they had demonstrated a mutual commitment to a shared life as a married couple. The Tribunal concluded that the parties met the requirements of clauses 309.211 and 309.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met these specified criteria.