Chen (Migration)

This matter concerned a Partner (Provisional) (Class UF) visa application. The applicant sought to establish that she was the spouse of the sponsor, an Australian citizen, as defined by section 5F of the *Migration Act 1958* (Cth). The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing spousal relationship, meeting the criteria for a valid marriage and a mutual commitment to a shared life as a married couple to the exclusion of all others.

The central legal issue before the Tribunal was whether the applicant met the definition of a "spouse" under section 5F of the *Migration Act 1958* (Cth). This required assessing whether the parties were married, had a mutual commitment to a shared life to the exclusion of all others, were in a genuine and continuing relationship, and lived together or did not live separately and apart on a permanent basis. The Tribunal considered various aspects of the relationship, including financial resources, living arrangements, and the credibility of the parties' claims.

The Tribunal found that while the parties were validly married, they had not satisfied the requirements of section 5F(2) of the Act. This conclusion was based on significant inconsistencies in the information provided by the parties regarding their financial resources and living arrangements, which the Tribunal did not attribute to forgetfulness. Despite the sponsor's previous marital history and the applicant's prior visa issues, including an exclusion period for overstaying, the Tribunal's primary concern was the lack of credible evidence demonstrating a genuine and continuing spousal relationship. The Tribunal was not satisfied that the parties had a mutual commitment to a shared life, a genuine and continuing relationship, or that they lived together on a permanent basis.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Partner (Provisional) (Class UF) visa, as the applicant did not meet the criteria for the grant of the visa under the *Migration Regulations 1994*.