Epis (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant claiming to be the spouse of an Australian citizen. The core dispute revolved around whether the parties were in a genuine and continuing married relationship, as required by the Migration Act 1958 (Cth) and associated Regulations, and whether the applicant was validly sponsored for the visa.

The Tribunal was required to determine if the applicant and the sponsor were in a genuine and continuing spouse relationship, which necessitates a valid marriage, a mutual commitment to a shared life to the exclusion of others, and living together or not living separately and apart on a permanent basis. This assessment involved considering the financial, household, and social aspects of the relationship, as well as the nature of their commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married under a marriage recognised by the Act, evidenced by a Philippines Marriage Certificate. Furthermore, the Tribunal considered evidence of financial aspects, including a joint bank account used for household expenses, joint registration of a vehicle, a joint tenancy agreement, and income protection insurance. The sponsor’s Will, bequeathing his estate to the applicant, also indicated a commitment. Despite these positive indicators, the Tribunal concluded that the matter should be remitted for reconsideration to allow for a full assessment of all relevant criteria for the Subclass 820 visa.