Do (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant and their spouse had been married since 15 June 2016, had two children together, and had lived together for over six years, sharing joint financial liabilities. The decision under review was made by the Department.

The primary legal issue before the court was whether the applicant met the criteria for a Subclass 820 Partner visa, specifically clause 820.211(2) of Schedule 2 of the Migration Regulations 1994. This required the court to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other, as outlined in subregulation 1.15A(3) of the Migration Regulations.

The court found that the evidence supported a finding that the applicant and their spouse had a mutual commitment to a shared life to the exclusion of others, that their relationship was genuine and continuing, and that they lived together on a permanent basis. The court was satisfied that the applicant was in a spouse relationship with the sponsor, thus meeting the criteria under clause 820.211(2).

Consequently, the court remitted the application for reconsideration by the Department with a direction that the applicant meets the specified criteria for the visa.