Farfan Falcon (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, by David Farfan Falcon, a Peruvian citizen, sponsored by Marilyn Sanchez Ellmers, an Australian citizen. The parties claimed to have been in a relationship since June 2016 and were married in December 2016. The decision under review was made by the Migration Review Tribunal.

The Tribunal was required to determine whether the parties were in a genuine and committed spouse relationship at the time of the visa application and at the date of the decision, as defined by section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. This involved assessing various aspects of their relationship, including financial commitments, the nature of their household, social interactions, and their commitment to each other.

The Tribunal noted that evidence of events occurring after the visa application could be considered if it logically demonstrated the existence or non-existence of the relationship at the time of application. In this instance, the applicant had provided limited evidence to the Department of Home Affairs but subsequently submitted extensive evidence to the Tribunal. The Tribunal found that the parties validly married and jointly shared financial liabilities, indicating a pooling of financial resources.

Ultimately, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria for a subclass 820 visa concerning being a spouse or de facto partner at the relevant times.