Fulton (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr Fulton. The primary dispute before the Tribunal was whether Mr Fulton and his sponsor were in a genuine and continuing spousal or de facto relationship at the relevant times, as required by the Migration Act 1958 (Cth) and associated Regulations. The Tribunal was required to determine if the applicant met the criteria for a Subclass 820 visa, specifically concerning the definition of a de facto partner under s.5CB of the Act and a spouse under s.5F of the Act, and whether he was sponsored by an eligible person.

The Tribunal was tasked with assessing the genuineness and continuation of the relationship between Mr Fulton and his sponsor, considering various factors outlined in the Regulations, including the financial aspects, nature of the household, social aspects, and the commitment to each other. The court had to determine if the parties were married and, if so, whether their marriage constituted a valid spousal relationship for the purposes of the Act. The Tribunal also considered the definition of a de facto partner, which applies if the parties are not married but meet specific criteria regarding mutual commitment, genuineness, continuation, cohabitation, and not being related by family.

The Tribunal found that Mr Fulton and his sponsor were validly married on 7 April 2017, satisfying the requirements of s.5F(2)(a) of the Act. In assessing the relationship's financial aspects, the Tribunal noted the couple's pooled financial resources, joint bank account, joint bills, joint residential tenancy agreements, and the purchase of land together. While acknowledging the absence of wills or joint loans, the Tribunal concluded that these financial arrangements, including the joint ownership of real estate, attested to a genuine and continuing spousal relationship. The Tribunal also considered the social and household aspects, noting the parties lived together since 2014, spent time together and with the sponsor's family, and were perceived as a genuine couple, supported by statutory declarations and photographic evidence.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. This decision indicates that while some criteria may have been met, further assessment or consideration of evidence was required to definitively determine the visa application.