Chand (Migration)

This matter concerned an application for a Skilled Regional Sponsored (Provisional) visa (Class SP) subclass 489. The applicant sought to be recognised as a member of the family unit of Rajneel Pravinesh Ram, the primary applicant, under clause 489.311 of the Migration Regulations 1994. The Tribunal was required to determine whether the applicant satisfied this criterion.

The central legal issue before the Tribunal was whether the applicant was a "member of the family unit" of Mr Ram, specifically as his spouse. This required an assessment of whether the applicant and Mr Ram were in a "married relationship" as defined by section 5F of the Migration Act 1958. The definition in section 5F mandates that a couple must be validly married, have a mutual commitment to a shared life to the exclusion of others, and that their relationship must be genuine and continuing, with the couple living together or not living separately and apart on a permanent basis.

The Tribunal considered a comprehensive range of evidence submitted by the applicant, including statements from Mr Ram and various friends and family members, marriage certificates, financial documents, photographs, and statutory declarations. After reviewing this evidence, the Tribunal concluded that the applicant met the criteria for being a spouse under section 5F of the Act. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfied clause 489.311.