Davidson (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant claiming to be the spouse of an Australian citizen sponsor. The Tribunal, presided over by Naomi Schmitz, was required to determine whether the parties met the criteria 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).

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they met the further requirements of a spouse relationship, which include a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. The Tribunal was directed to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other.

The Tribunal found that the parties were validly married on 17 March 2018, satisfying the requirement of section 5F(2)(a). While the sponsor was the sole legal owner of the couple's home and sole mortgagor due to the applicant's visa status at the time of purchase, the Tribunal noted their joint bank account records demonstrated contributions to mortgage payments and household bills, indicating a pooling of financial resources and a sharing of day-to-day expenses. The Tribunal concluded that the evidence, including the longstanding nature of the relationship (over 12 years), supported the existence of a genuine and continuing spouse relationship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa under clauses 820.211(2), 820.221(1), and 820.221(4) of Schedule 2 to the Regulations.