Issa (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant and the visa applicant met in Lebanon in October 2019 and commenced dating. Despite travel difficulties, including those caused by the COVID-19 pandemic, they maintained their relationship and decided to marry. Their marriage was officially celebrated via video link on 8 August 2021 and registered in Lebanon on 27 August 2021. The review applicant subsequently spent periods living with the visa applicant in Lebanon. The Administrative Appeals Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship.

The primary legal issue before the Tribunal was whether the visa applicant satisfied the criteria for a subclass 309 visa, specifically concerning the existence of a genuine and continuing spousal relationship. This involved assessing whether the parties met the requirements of clause 309.211 and clause 309.221 of Schedule 2 to the Migration Regulations 1994. The Tribunal considered evidence of events both before and after the visa application date, as such evidence could logically demonstrate facts relevant to the existence of the marriage relationship at the time of application.

The Tribunal reasoned that the parties were validly married under Lebanese law, which satisfied the requirements of the Act. In assessing the other criteria for a spousal relationship under regulation 1.15A(3), the Tribunal considered the financial aspects, nature of the household, social aspects, and the nature of the parties' commitment to each other. While the Tribunal noted that the delegate had made findings on these clauses, it did not make its own findings. However, based on the evidence presented, including the parties' commitment, duration of the relationship, and periods of living together, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the visa applicant met the criteria for clause 309.211 and clause 309.221.