Ku (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant claiming to be the spouse of an Australian citizen sponsor. The Tribunal was required to determine whether the parties were in a genuine and continuing relationship that met the definition of a spouse relationship under section 5F of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the applicant and sponsor were validly married, and if so, whether they met the further requirements of a spouse relationship as defined by section 5F(2) of the Act. This definition requires a mutual commitment to a shared life to the exclusion of all others, that the relationship be genuine and continuing, and that the couple live together or not live separately and apart on a permanent basis. The Tribunal was directed to consider all circumstances of the relationship, including financial and social aspects, and the nature of the parties' household and commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married on 29 March 2016, satisfying section 5F(2)(a). Regarding the other requirements, the Tribunal noted that while the parties had limited financial resources, they provided consistent information about their financial arrangements, including sharing day-to-day expenses and maintaining a joint bank account for future plans. This evidence, though limited, was considered consistent with a genuine and continuing relationship. The Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the criteria under clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations.