Cheung (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), brought by the applicant, Ching Cheung, who claimed to be the married spouse of an Australian citizen, Mr Jonathan Nutter. The Tribunal was required to determine whether the applicant and her sponsor were in a genuine spousal relationship for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The legal issues before the Tribunal were whether the applicant and her sponsor met the requirements of a married relationship under section 5F of the Act, specifically whether they were validly married and whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all others, that their relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In assessing these matters, the Tribunal was required to have regard to all the circumstances of the relationship, including the financial and social aspects, and the nature of the parties’ household and their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married, having presented a marriage certificate, wedding photographs, and statutory declarations attesting to the evolution of their committed relationship. Regarding the other requirements for a spouse relationship, the Tribunal was satisfied that the parties demonstrated a genuine and continuing commitment. This was evidenced by their joint ownership of a home with a joint mortgage, joint bank accounts, joint payment of household bills, mutual superannuation beneficiaries, and joint decision-making on major financial matters. They also shared domestic and social lives, planned to have children, and represented themselves to the world as a married couple, with their relationship acknowledged as long-term and permanent by their social and family circles.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa concerning clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.