Li (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by an applicant who is a citizen of China, married to an Australian citizen. The core dispute revolved around whether the parties were in a genuine and continuing married relationship as required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The decision was made by Ann Duffield, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a married relationship that was valid for the purposes of the Act, involved a mutual commitment to a shared life to the exclusion of all others, was genuine and continuing, and that the couple lived together or not separately and apart on a permanent basis. In making this determination, the Tribunal had to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the parties' 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 under a marriage that was valid for the purposes of the Act, based on the provided marriage certificate. However, the Tribunal concluded that further consideration of the remaining criteria for a Subclass 820 visa was necessary, having regard to the evidence presented regarding their household arrangements, joint property purchase, social activities, and mutual emotional support. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations.