Chhum (Migration)

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

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they met the other requirements for 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 considering the financial aspects, nature of the household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal found that the parties were validly married based on a sighted marriage certificate. However, it noted limited pooling of financial resources, with the applicant primarily withdrawing funds from a joint account and maintaining a separate account. While there was evidence of companionship and emotional support, and joint social engagements, the Tribunal found insufficient evidence regarding shared responsibility for children or a clear pooling of financial resources to satisfy all criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, allowing for further assessment of the remaining criteria.