Gaspar (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, by an applicant from the Philippines sponsored by an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing spouse or de facto relationship, as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth).

The legal issues before the Tribunal were whether the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, which require the applicant to be the spouse or de facto partner of an Australian citizen at the time of the application and decision. Specifically, the Tribunal had to assess if the parties were in a married relationship, considering the definition of "spouse" in section 5F of the Act, which necessitates a valid marriage, mutual commitment to a shared life, a genuine and continuing relationship, and cohabitation.

The Tribunal considered all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as outlined in regulation 1.15A(3). The Tribunal found the oral evidence of the applicant, sponsor, and the sponsor's brother to be credible and reliable. It noted that the applicant was wholly reliant on the sponsor's income, the parties saw their relationship as a long-term commitment, and their relationship was recognised and supported by their families and friends, indicating a genuine and continuing relationship. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the visa.