Le (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning whether she and her sponsor were in a genuine spousal relationship as defined by section 5F of the *Migration Act 1958* (Cth). The Tribunal considered evidence including written submissions, supporting documentation, and oral testimony from the applicant, sponsor, and witnesses, which it found to be credible and persuasive.

The primary legal issue before the Tribunal was whether the applicant and her sponsor were in a spousal relationship, satisfying the requirements of clauses 820.211(2)(a) and 820.221 of Schedule 2 to the *Migration Regulations 1994* (Cth). This required determining if they were married, had a mutual commitment to a shared life as a married couple to the exclusion of all others, if their relationship was genuine and continuing, and if they lived together or did not live separately and apart on a permanent basis, as stipulated by section 5F(2) of the Act. The Tribunal was also required to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3).

The Tribunal found that the applicant and sponsor had provided a valid marriage certificate, establishing that their marriage was valid for the purposes of the Act. The Tribunal also found the oral and documentary evidence presented by the applicant and sponsor to be credible and persuasive, indicating that they met the criteria for a spousal relationship. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant met the criteria under cl.820.211(2)(a) and cl.820.221 of Schedule 2 to the Regulations.