Jalloul (Migration)

This matter concerned an appeal by a visa applicant against a decision regarding a Partner (Provisional) (Class UF) visa, Subclass 309. The review applicant, a 73-year-old Australian citizen, and the visa applicant, a 43-year-old Lebanese citizen, were married in Lebanon. The core of the dispute revolved around whether the parties were in a genuine and continuing spousal relationship as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the parties were in a valid married relationship for the purposes of the Act, specifically considering whether there was a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship was genuine and continuing, and that the couple lived together or did not live separately and apart on a permanent basis. This involved assessing all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties had provided coherent, compelling, and sincere oral evidence, which was consistent with the supporting documentation. While acknowledging the absence of joint assets or pooled financial resources due to the visa applicant's lack of income, the Tribunal considered the rapid development of the relationship and marriage to be explicable within their cultural background and personal circumstances, including the sponsor's age and health, and the security situation in Lebanon. The Tribunal was satisfied that the parties met the criteria for being in a genuine and continuing spousal relationship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under cl.309.211 and cl.309.221 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 309 visa.