Del Bove Barbosa (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, who claimed to be the spouse of an Australian citizen sponsor. The dispute before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The decision was made by Member Michelle East.

The Tribunal was required to determine whether the applicant and sponsor met the criteria for a spousal relationship under clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations. Specifically, the Tribunal had to assess if the parties were married to each other under a marriage valid for the purposes of the Act, if there was a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, and if they lived together or did not live separately and apart on a permanent basis, as stipulated by section 5F(2) of the Act.

The Tribunal found that the parties had provided a valid marriage certificate from Western Australia, establishing that they were validly married under section 5F(2)(a). In considering the other requirements for a spousal relationship, the Tribunal had regard to the financial aspects, including joint bank accounts and shared expenses, and the nature of their household arrangements, such as living with the sponsor's grandmother and contributing to bills. The Tribunal also considered the social aspects and the nature of their commitment to each other, as outlined in regulation 1.15A(3).

Ultimately, the Tribunal concluded that the application should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for a Subclass 820 (Partner (Temporary)) visa concerning clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations, indicating that further consideration was required by the Minister regarding the remaining criteria for the visa.