Balasooriya Appuhamilage (Migration)

The Administrative Appeals Tribunal considered the case of Balasooriya Appuhamilage, who sought to be recognised as a member of the family unit of Mr De Silva for the purposes of a Temporary Graduate visa (subclass 485). The primary issue before the Tribunal was whether the applicant was the spouse of Mr De Silva, as defined by the Migration Act 1958 (Cth).

The Tribunal was required to determine if the applicant and Mr De Silva were in a married relationship that satisfied the criteria set out in section 5F(2) of the Act. This involved assessing whether they were validly married, whether there was a mutual commitment to a shared life to the exclusion of others, whether their relationship was genuine and continuing, and whether they lived together or did not live separately and apart on a permanent basis.

The Tribunal found that the parties were validly married under a marriage recognised by the Act. It then considered the evidence presented, including testimony from both the applicant and Mr De Silva, which detailed the development of their relationship from their meeting in Sri Lanka in 2016, through a long-distance phase, to their marriage in 2018 with the intention of establishing a future together in Australia. The Tribunal noted the significant amount of evidence, including details of their shared life, financial support, household arrangements, travel, hobbies, and future plans, which was not available to the Department at the time of its decision. Based on this comprehensive evidence, the Tribunal concluded that the parties met the requirements of a married relationship.

Consequently, the Tribunal remitted the matter for reconsideration, finding that the applicant was a member of Mr De Silva's family unit for the purposes of the visa application.