Bassi (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa by a citizen of India, who sought to be recognised as the spouse of an Australian citizen. The Tribunal was required to determine whether the applicant and the sponsor were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the parties met the criteria for a married relationship under section 5F of the Act. This involved assessing whether they were validly married, had 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 not separately and apart on a permanent basis. The Tribunal was directed to consider all 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* (Cth).

The Tribunal found that while the parties were validly married, other requirements for a spousal relationship were not met. There was no evidence of joint assets or liabilities, and the pooling of financial resources was limited. The Tribunal noted concerns regarding the applicant's previous visa history, including a loan from an uncle that appeared to be for the purpose of securing employment sponsorship, suggesting a potentially bogus arrangement. Conflicting evidence and a lack of satisfaction regarding the genuineness and continuity of the relationship led the Tribunal to affirm the delegate's decision not to grant the visa.