GIAN (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, by an applicant claiming to be the spouse of an Australian citizen sponsor. The core dispute before the Tribunal was whether the parties were in a genuine spousal relationship as defined by the *Migration Act 1958* (Cth) and associated regulations.

The Tribunal was required to determine if the parties met the criteria for a spousal relationship under section 5F of the Act. This involved assessing whether they were married to each other under a valid marriage, shared a mutual commitment to a life together to the exclusion of others, and lived together or did not live separately and apart on a permanent basis. In making this assessment, the Tribunal had to consider all circumstances of the relationship, including the financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties were validly married for the purposes of the Act. It was also satisfied that the financial aspects of their relationship were spousal in nature, noting the pooling of finances, joint assets and liabilities, and shared household expenses. However, the provided text did not contain findings or reasons regarding the nature of the household, the social aspects of the relationship, or the nature of their commitment to each other.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 801.221 of Schedule 2 to the Regulations, pending further assessment of the remaining criteria for the subclass 801 visa.