Bradshaw (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision made by the Tribunal. The central dispute revolved around whether the applicant and their sponsor were in a genuine spousal relationship as defined by the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the parties were validly married and, if so, whether they met the other requirements for a spousal relationship under section 5F of the Act. This involved assessing whether there was a mutual commitment to a shared life to the exclusion of others, whether the relationship was genuine and continuing, and whether the couple lived together or not separately and apart on a permanent basis. The Tribunal also had to consider all circumstances of the relationship, including financial, social, and household aspects, and the nature of their commitment to each other.

The Tribunal found that the parties were validly married, accepting a Marriage Certificate issued by the People’s Republic of China as proof of a marriage valid for the purposes of the Act. It also noted a divorce certification pertaining to the applicant from a previous marriage. However, the Tribunal concluded that further consideration was required regarding the remaining criteria for the subclass 309 visa, including the other aspects of a spousal relationship as outlined in regulation 1.15A.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister. The Tribunal directed that the primary applicant met the criteria under cl 309.211 and cl 309.221 of Schedule 2 to the Regulations, and that the secondary applicant's application should be considered in light of the delegate's decision on the primary applicant's remaining criteria.