DIMA (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Tribunal. The applicant claimed to be the spouse of an Australian citizen sponsor. The core dispute revolved around whether the parties were in a genuine and continuing spousal relationship, as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the parties met the criteria for a spouse relationship under section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the parties were validly married, had a mutual commitment to a shared life as a married couple to the exclusion of all others, whether their relationship was genuine and continuing, and whether they lived together or did not live separately and apart on a permanent basis.

The Tribunal reasoned that while an initial assessment by a departmental officer found insufficient evidence regarding the financial, household, and social aspects of the relationship, subsequent evidence demonstrated a shared bank account, joint wills, cohabitation, recognition as a couple by friends and family, and the birth of a child. Furthermore, travel records indicated continued time spent together, including travel in and out of Australia, and meaningful communication when apart. The Tribunal was satisfied that the parties were validly married and that the evidence, when considered holistically, supported a genuine and continuing spousal relationship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.