LI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), brought by Mrs Li against the Minister for Immigration. The central dispute was whether the applicant was the spouse of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal, presided over by Steven Griffiths, was required to determine if the parties were in a married relationship that met the statutory criteria.

The legal issues before the Tribunal were whether the applicant and sponsor were validly married for the purposes of the Act, and whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all others, that their relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In assessing these matters, the Tribunal was required to consider all circumstances of the relationship, including the financial and social aspects, and the nature of their household, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married, evidenced by an Australian Certificate of Marriage dated 10 September 2017. However, the Tribunal concluded that further consideration was required regarding the remaining criteria for a spouse relationship under section 5F(2) of the Act, particularly concerning the mutual commitment, genuineness, continuation, and cohabitation aspects. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations.