Di Salvo (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 central dispute before the Tribunal was whether the applicant met the definition of a spouse under section 5F of the Migration Act 1958 (Cth) and the relevant regulations, specifically whether the parties were in a genuine and continuing married relationship.

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they met the remaining requirements for a spousal relationship as defined by section 5F(2) of the Act. This definition requires that the parties be married to each other under a valid marriage, have a mutual commitment to a shared life to the exclusion of others, be in a genuine and continuing relationship, and live together or not live separately and apart on a permanent basis. The Tribunal was required to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married, as evidenced by a marriage certificate registered in Italy. In assessing the other requirements, the Tribunal considered extensive documentary and oral evidence, including that of three witnesses. The Tribunal was satisfied that the parties pooled their financial resources, evidenced by a joint bank account for daily expenses, joint tenancy, joint health cover, and joint utility accounts. The Tribunal accepted the evidence that the parties shared daily expenses and financial commitments.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clauses 820.211(2)(a) and 820.221(1)(a) of Schedule 2 to the Migration Regulations 1994.