Berliani (Migration)

This matter concerned an appeal by the applicant against a decision of the Migration Review Tribunal (the Tribunal) regarding a Partner (Temporary) (Class UK) visa, subclass 820. The central dispute was whether the applicant was in a genuine and ongoing spouse or de facto relationship with the sponsor, an Australian citizen, for the purposes of the *Migration Act 1958* (Cth) and associated regulations. The Tribunal was required to determine if the applicant met the criteria for a de facto relationship at the time of application and a spouse relationship at the time of the decision.

The legal issues before the Tribunal were whether the parties had a mutual commitment to a shared life to the exclusion of all others, whether their relationship was genuine and continuing, and whether they lived together or did not live separately and apart on a permanent basis, as defined by sections 5CB and 5F of the *Migration Act 1958* (Cth). In assessing these issues, the Tribunal was mandated 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 regulations 1.09A(3) and 1.15A(3).

The Tribunal found that while the parties were validly married, this fact alone did not establish a genuine and continuing relationship with a mutual commitment to a shared life. The Tribunal considered various aspects of the relationship, including financial contributions to a joint business venture (a food truck) and past financial support for a café in Bali. However, the Tribunal noted a lack of joint ownership of major assets or liabilities. The Tribunal concluded that the matter should be remitted for reconsideration, indicating that the evidence presented did not fully satisfy the requirements for the visa.