Jaohara (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by a national of the United States of America sponsored by an Australian citizen. The primary dispute before the Tribunal was whether the applicant and sponsor were in a genuine spousal or de facto relationship at the time of the visa application and at the time of the decision. The Tribunal, presided over by Member David Barker, had before it significantly more evidence than was available to the original delegate.

The legal issues before the Tribunal were whether the applicant and sponsor were validly married and, if so, whether they were in a genuine and continuing spousal relationship as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994. Specifically, the Tribunal was required to assess 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.

The Tribunal considered extensive documentary evidence, including financial records, joint property ownership, utility bills, and witness statements, as well as the oral evidence of the applicant and sponsor. The Tribunal found the parties to be credible witnesses whose oral evidence was consistent with the documentary evidence. Having reviewed a marriage certificate confirming their legal marriage, the Tribunal concluded that the parties met the criteria for a spousal relationship under the relevant regulations.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa for reconsideration, directing that the applicant met the criteria for a Subclass 820 (Partner (Temporary)) visa concerning clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.