Froneman (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, by an applicant who had been refused the visa. The core dispute revolved around whether the applicant was the spouse of the sponsor as defined by section 5F of the *Migration Act 1958* (Cth). The applicant and sponsor had married and had three children together, but the Department of Immigration and Border Protection had refused the applicant's visa application. The decision under review was made by the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they were in a genuine and continuing spousal relationship as required by the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to determine if the parties met the criteria for a married relationship, which includes being married under a valid marriage, having a mutual commitment to a shared life as a married couple to the exclusion of all others, and living together or not living separately and apart on a permanent basis.

The Tribunal found that the parties were validly married for the purposes of the Act. While acknowledging the existence of three children and some shared financial responsibilities, including joint liabilities for a bank loan, credit card debt, and a rental property lease, the Tribunal noted a lack of joint ownership of major assets. The Tribunal considered that regard must be had to all circumstances of the relationship, including financial, social, and household aspects, as well as the nature of their commitment to each other. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the criteria for a Subclass 801 visa concerning the spousal relationship.