HAKIMI (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, brought by Mrs. Hakimi against a decision made by the Department of Immigration. The central dispute revolved around whether the applicant was the spouse of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The case was heard by Steven Griffiths, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a genuine and continuing spousal relationship. This involved assessing various aspects of their relationship, including the financial elements, the nature of their household, their social interactions, and the overall commitment they had to each other, as outlined in subregulation 1.15(3) of the Migration Regulations 1994. The Tribunal also needed to consider whether the sponsor met the eligibility criteria of being an Australian citizen, permanent resident, or eligible New Zealand citizen at the relevant times.

In reaching its decision, the Tribunal considered a substantial amount of documentary evidence submitted by the applicant, including statutory declarations, financial records, travel documents, and communications between the parties. The Tribunal found that the applicant met certain criteria for the visa, specifically clauses 309.211 and 309.221 of Schedule 2 to the Regulations. However, the decision indicates that not all criteria had been fully assessed or satisfied at that stage.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa back to the Minister for reconsideration. The direction was that the visa applicant met the criteria specified in clauses 309.211 and 309.221 of Schedule 2 to the Regulations, implying that further assessment was required for other aspects of the visa application.