KAUR (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by an Indian national. The applicant claimed to have been in a genuine and continuing spousal relationship with an Australian citizen since 2012, including seven years of cohabitation. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant and sponsor were in a genuine and continuing spousal relationship, as required by the Migration Regulations 1994. This involved assessing various aspects of their relationship, including financial arrangements, household nature, social presentation, and commitment to each other, as outlined in regulation 1.15A.

The Tribunal considered a range of documentary evidence submitted by both parties, including bank statements, utility bills, lease agreements, travel evidence, and social photographs. Oral evidence was also given by the applicant and sponsor. Crucially, discrepancies arose regarding the parties' living arrangements, specifically concerning the presence of tenants in their shared accommodation, and the applicant's past relationship with another individual. The Tribunal found that these discrepancies, along with anonymous allegations and the sponsor's alleged concealment of the relationship from his parents, raised concerns that warranted further consideration.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for the Subclass 820 visa, implying that the assessment of the genuineness of the relationship required further evaluation by the Minister.