Lam (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, by the first named applicant, who held a subclass 820 visa. The dispute centred on whether the applicant continued to be in a genuine and continuing married relationship with the sponsoring partner at the time of the decision. The Tribunal, constituted by Senior Member Jennifer Cripps Watts, was reviewing the refusal of the subclass 801 visa application.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria under cl 801.221(2)(c) of Schedule 2 to the Migration Regulations 1994, specifically whether the applicant was the spouse of the sponsoring partner at the time of the decision. This required an assessment of the parties' married relationship, considering all circumstances including financial, household, social aspects, and their commitment to each other, as outlined in s 5F of the Act and reg 1.15A(3).

The Tribunal considered evidence demonstrating a valid marriage, shared living arrangements with merged families, joint financial activities including contributions to mortgage payments and day-to-day expenses, and joint social activities and family events over an eight-year period. The Tribunal was satisfied that the parties were validly married and that the requirements of s 5F(2) were met at the time of the decision. Consequently, the Tribunal remitted the applications for Partner (Residence) (Class BS) visas for reconsideration, directing that the first named applicant met the criteria under cl 801.221(2)(c).