AYIRCUM (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought review of the refusal of this visa, which was based on concerns regarding the genuineness and continuation of the parties' married relationship. The Tribunal was tasked with determining whether the applicant and the sponsor were in a genuine and continuing married relationship as defined by section 5F of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) at the time of the visa application and at the time of the Tribunal's decision.

The legal issues before the Tribunal were whether the parties met the criteria for a "married relationship" under section 5F(2) of the Act, which requires that the parties be validly married, have a mutual commitment to a shared life to the exclusion of others, that the relationship be genuine and continuing, and that they live together or not separately and apart on a permanent basis. In assessing these criteria, the Tribunal was required to consider all circumstances of the relationship, including the financial, household, and social aspects, and the nature of their commitment, as detailed in regulation 1.15A(3) of the Regulations.

The Tribunal considered the evidence presented, including documentary evidence and submissions, which addressed the various aspects of the relationship outlined in regulation 1.15A(3). The parties, who are mature individuals with previous relationships and children, had been living together since July 2016. The Tribunal noted the provision of a substantial bundle of documentary evidence, including joint bank statements, rental agreements, insurance documents, tax contributions, and statutory declarations from friends and acquaintances. Despite the applicant and sponsor attending the hearing with the sponsor's adult daughter, and the provision of evidence relating to financial, household, and social aspects, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria under cl 309.211 and cl 309.221 of Schedule 2 to the Regulations.