Kulvinder Singh (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by Mr Kulvinder Singh, who sought to establish a genuine spousal relationship with the sponsor, Ms [Sponsor's Name]. The dispute arose when the sponsor withdrew her sponsorship, acknowledging she was in a long-term relationship with another person. The applicant subsequently claimed to have suffered family violence at the hands of the sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant was in a genuine spousal relationship with the sponsor at the time the alleged family violence occurred.

The Tribunal was required to consider the definition of a "spouse" under section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994 (Cth). This involved assessing whether the parties were married, had a mutual commitment to a shared life to the exclusion of others, whether the relationship was genuine and continuing, and whether they lived together or not permanently separated. The Tribunal was directed to have regard to all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other.

The Tribunal found that the sponsor had acknowledged she was not in a relationship with the applicant and was withdrawing her sponsorship. While the applicant claimed family violence, the Tribunal focused on the genuineness of the spousal relationship at the time of the alleged violence. The Tribunal considered various factors, including the sponsor's acknowledgement of a relationship with another person and the withdrawal of sponsorship, which cast doubt on the existence of a genuine and continuing spousal relationship as required by the Act. The Tribunal ultimately affirmed the decision not to grant the visa.