Jaffer (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant claimed to be the spouse of an Australian citizen, and the central dispute revolved around whether the parties met the definition of a "spouse" as defined in section 5F of the Migration Act 1958 (Cth).

The Tribunal was required to determine if the applicant and the sponsor were in a married relationship that was valid for the purposes of the Act, demonstrating a mutual commitment to a shared life to the exclusion of all others, and whether they lived together or not separately and apart on a permanent basis. In making this determination, the Tribunal had to consider all the circumstances of the relationship, including financial and social aspects, and the nature of their household and commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had provided a marriage certificate registered in Pakistan, and there was no evidence to suggest its invalidity, thus satisfying the requirement of being married under a marriage valid for the purposes of the Act. After considering all the evidence, including financial and social aspects and the nature of the household and commitment, the Tribunal was satisfied that the applicant was the spouse of the sponsor within the meaning of section 5F of the Act.

Consequently, the Tribunal remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in clauses 309.21, 309.211(2), and 309.221 of Schedule 2 to the Regulations.