CHANWANPEN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to establish that they were the spouse of the sponsor, who was an Australian citizen, for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant was the "spouse" of the sponsor as defined by section 5F of the Act, and whether the parties were in a genuine and continuing spouse or de facto relationship. The Tribunal also considered the requirements for sponsorship under clause 820.211 of the Regulations, including the sponsor's eligibility and the validity of the sponsorship at the time of application and decision.

The Tribunal affirmed the decision not to grant the visa. It applied the definition of "spouse" in section 5F of the Act, which requires a married relationship characterised by mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. The Tribunal considered all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3). The Tribunal found that the applicant did not meet the criteria for being the spouse of the sponsor.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.