Dau (Migration)

This matter concerned an appeal by Ms. Dau against a decision regarding her application for a Partner (Temporary) (Class UK) visa, Subclass 820. The central dispute was whether Ms. Dau was the spouse of the sponsor, Mr. Ngo, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal, presided over by Steven Griffiths, was required to assess the genuineness and continuing nature of the parties' relationship in accordance with the Act and the Migration Regulations 1994.

The legal issues before the Tribunal were whether the sponsor was an Australian permanent resident and, crucially, whether the parties were in a genuine and continuing spouse or de facto relationship. The definition of "spouse" under section 5F of the Act requires that the parties be married to each other under a marriage valid for the purposes of the Act, demonstrate a mutual commitment to a shared life as a married couple to the exclusion of all others, and live together or not separately and apart on a permanent basis. The Tribunal was directed to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3).

The Tribunal considered extensive evidence, including joint bank accounts, shared household expenses, representations of the parties as married, joint social activities, and mutual emotional support. While the sponsor's permanent residency was accepted, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria for a Subclass 820 visa, indicating that further assessment of the relationship's validity was required.