Li (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant, who had departed Australia, and the sponsor, an Australian citizen, were not living together. The applicant had also failed to provide requested information to the Tribunal. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a married or de facto relationship, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. This required the Tribunal to consider the definition of "spouse" under section 5F of the Migration Act 1958, which necessitates that the parties be married, have a mutual commitment to a shared life to the exclusion of others, that the relationship be genuine and continuing, and that they live together or not separately and apart on a permanent basis.

The Tribunal reasoned that to form an opinion on these matters, regard must be had to all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3). While the applicant provided evidence such as a marriage certificate, joint bank account details, and a residential tenancy agreement, the Tribunal found that the applicant and sponsor were not living together. This failure to meet the requirement of living together, or not living separately and apart on a permanent basis, meant the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.