Conti (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner) visa, by an applicant seeking to establish that she was the spouse of an Australian citizen sponsor. The core dispute revolved around whether the applicant and sponsor were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (the Tribunal) considered the evidence presented regarding the financial, household, and social aspects of the relationship, as well as the nature of the parties' commitment to each other.

The Tribunal was required to determine if the applicant met the definition of a spouse under section 5F of the *Migration Act*. This involved assessing whether the parties were validly 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. In making this assessment, the Tribunal had regard to all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment, as further detailed in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that the parties were validly married and that the sponsor was an Australian citizen. However, the Tribunal concluded that the evidence presented did not fully satisfy all the remaining criteria for a spousal relationship. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met specific criteria related to the Subclass 820 visa.