Chen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant claimed to be the spouse of an Australian permanent resident. The Tribunal was required to determine whether the applicant and sponsor were spouses at the time of the visa application and at the time of the decision, and if so, whether they were in a genuine and continuing married relationship.

The legal issues before the Tribunal were whether the parties met the requirements of a spouse relationship as defined by section 5F of the Migration Act 1958 (Cth) and regulation 1.15A of the Migration Regulations 1994 (Cth). This involved assessing whether they were married under a valid marriage, whether there was a mutual commitment to a shared life to the exclusion of others, and whether they lived together or not separately and apart on a permanent basis. The Tribunal was directed to consider all circumstances of the relationship, including financial, household, social aspects, and their commitment to each other.

The Tribunal found that the parties had provided a valid marriage certificate, satisfying the requirement of a valid marriage. It also noted the extensive evidence submitted, including financial documents, household bills, joint property purchase, a child’s birth certificate, communication records, photographs, and relationship statements, which collectively demonstrated a genuine and continuing relationship with a mutual commitment to a shared life. The Tribunal concluded that the evidence supported the existence of a 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 for a Subclass 820 (Partner) visa under clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations.