Chau (Migration)

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

The legal issues before the Tribunal were whether the parties were in a valid marriage and, if so, whether they were in a genuine and continuing married relationship, meeting the criteria outlined in clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. Specifically, the Tribunal had to consider if the parties had a mutual commitment to a shared life as a married couple to the exclusion of all others, and if they lived together or not separately and apart on a permanent basis, having regard to all the circumstances of the relationship.

The Tribunal found that the applicant had provided a valid marriage certificate, establishing that the parties were married under the Marriage Act 1961. The Tribunal considered the evidence relating to the financial and social aspects of the relationship, the nature of their household, and their commitment to each other, as stipulated by regulation 1.15A(3). Based on the evidence before it, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant met the criteria under cl.820.211(2) and cl.820.221(1)(a) of Schedule 2 to the Regulations.