BOAKYE DANKWA (Migration)

This matter concerned an appeal by a visa applicant against a decision regarding a Partner (Provisional) (Class UF) visa, subclass 309. The central dispute was whether the visa applicant was the "spouse" of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal was required to determine if the parties were in a married relationship, which involved assessing the validity of their marriage, their mutual commitment to a shared life, the genuineness and continuity of their relationship, and whether they lived together or not separately and apart on a permanent basis.

The Tribunal considered all the circumstances of the relationship, including financial and social aspects, and the nature of the household, as stipulated by regulation 1.15A(3) of the Migration Regulations 1994. While the parties did not have shared assets or debts and lived in different countries, the Tribunal found there was some pooling of financial resources, evidenced by the sponsor remitting money to the visa applicant and the visa applicant's mother for his use. The Tribunal also noted the parties had married in Ghana, and this marriage was valid for the purposes of the Act.

Ultimately, the Tribunal concluded that the visa applicant met specific criteria for the subclass 309 visa, namely cl.309.211(2) and cl.309.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that these particular criteria were satisfied.