Bong (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant claimed to be the spouse of the sponsor, an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship as defined by section 5F of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the parties met the requirements of a spousal relationship under section 5F(2) of the Act, specifically whether they were married to each other under a valid marriage, had a mutual commitment to a shared life to the exclusion of all others, were in a genuine and continuing relationship, and lived together or did not live separately and apart on a permanent basis. The Tribunal also had regard to the circumstances outlined in regulation 1.15A(3) of the Migration Regulations 1994, which include financial and social aspects of the relationship and the parties' commitment to each other.

The Tribunal found that the parties were validly married, as evidenced by a Marriage Certificate from Western Australia. It also considered evidence of financial aspects, including a joint bank account and the sponsor's financial support of the applicant. The Tribunal noted the applicant's initial role as a carer for the sponsor's family, which evolved into a relationship and subsequent marriage, and that the applicant continued to reside with the sponsor. Based on these findings, the Tribunal concluded that the application should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant met the criteria under clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations.