Hamdan (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought to establish that they were the spouse of the sponsor, an Australian citizen, for the purposes of the *Migration Act 1958* (Cth). The Tribunal was required to determine whether the applicant met the criteria for a genuine and continuing spousal relationship, considering various aspects including financial and household arrangements, and the parties' commitment to each other.

The central legal issue before the Tribunal was whether the applicant qualified as the spouse of the sponsor as defined by section 5F of the *Migration Act 1958* (Cth). This definition requires that the parties be married to each other under a marriage valid for the purposes of the Act, demonstrate a mutual commitment to a shared life as a married couple to the exclusion of all others, and that the relationship be genuine and continuing, with the couple living together or not living separately and apart on a permanent basis. The Tribunal also had regard to regulation 1.15A(3) of the *Migration Regulations 1994*, which mandates consideration of the financial and social aspects of the relationship, the nature of the household, and the commitment to each other.

The Tribunal considered the evidence regarding the parties' financial matters, noting they did not have joint ownership of assets or liabilities, but did pool financial resources for household expenses and shared day-to-day expenses. The Tribunal also considered the nature of the household and the parties' commitment to each other. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met specific criteria for a Subclass 820 (Partner) visa, namely cl.820.211(2)(a) and cl.820.221(1)(a) of Schedule 2 to the Regulations.