Jin (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that they were the spouse of an Australian permanent resident at the time of application and at the time of the decision. The Tribunal was required to determine whether the parties were in a genuine and continuing spouse relationship, as defined by the Migration Act 1994 and the Migration Regulations 1994.

The legal issues before the Tribunal were whether the parties met the requirements of a married relationship under section 5F of the Act, specifically whether they were married to each other under a valid marriage, had a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether the relationship was genuine and continuing and they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider all the circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married on 4 May 2014, satisfying section 5F(2)(a) of the Act. The sponsor was also confirmed to be an Australian permanent resident at the relevant times. However, the Tribunal did not make findings on all the remaining criteria for a spouse relationship, such as the financial, household, social aspects, and the nature of their commitment. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria for a Subclass 820 visa concerning being the spouse of an Australian permanent resident and the validity of their marriage.