Bui (Migration)

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

The Tribunal was required to determine if the parties met the criteria for a spousal relationship under section 5F(2) of the Act, which necessitates a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation without permanent separation. In assessing these criteria, the Tribunal had regard to the financial, social, household, and commitment aspects of the relationship, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married, evidenced by an Australian marriage certificate, satisfying section 5F(2)(a). Furthermore, the evidence indicated that the parties pooled their finances, shared expenses through a joint bank account, and shared household responsibilities. They also presented themselves as married to friends and family, who accepted their relationship. The Tribunal concluded that the parties had satisfied the requirements for a genuine and continuing spouse relationship.

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