Gabriel (Migration)

This matter concerned an appeal by the applicant, a citizen of Sweden, against a decision to refuse him a Partner (Temporary) (Class UK) visa. The applicant sought to establish that he was the spouse of the sponsor, an Australian citizen, within the meaning of the *Migration Act 1958* (Cth). The Tribunal was required to consider the evidence presented regarding the parties' relationship to determine if the criteria for the visa were met.

The central legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing spousal relationship as required for the Partner (Temporary) visa. This involved assessing various aspects of their relationship, including financial arrangements, household matters, social interactions, and their overall commitment to each other, as outlined in subregulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal considered the evidence of a joint business investment, joint utility bills, and a joint bank account as indicators of a genuine relationship. However, it found that there was limited evidence of shared finances beyond these specific instances, and insufficient evidence of shared social activities or a deep commitment. While the parties had lived together and shared a bedroom, and a friend had provided a letter attesting to their relationship and their move to Sweden, the Tribunal concluded that the overall evidence did not sufficiently demonstrate a genuine and continuing spousal relationship. Consequently, the Tribunal affirmed the decision not to grant the visa.