Convery (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, Mrs. Walker (née Convery), sought review of a decision concerning her eligibility for the visa. The core dispute revolved around whether the applicant was the de facto partner of the sponsor at the time of the visa application and whether she was the spouse of the sponsor at the time of the decision, as defined by the Migration Act 1958 (Cth). The case was heard by Steven Griffiths, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for being a de facto partner under s.5CB of the Act at the time of application, and whether she met the criteria for being a spouse under s.5F of the Act at the time of the decision. These determinations required an assessment of all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as detailed in regulations 1.09A and 1.15A of the Migration Regulations 1994.

The Tribunal considered the extensive evidence provided, including joint financial arrangements, birth certificates for two children of the relationship, and social media postings. It was noted that the parties had married after the visa application was lodged. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the specified criteria for a Subclass 820 visa.