Lostumbo (Migration)

This matter concerned an appeal by Ms Franca Menozzi against a decision regarding her Partner (Provisional) (Class UF) visa application. The sponsor, Mr Nicola Lostumbo, an Australian citizen, and Ms Menozzi, an Italian citizen, claimed to be married. The core dispute before the Tribunal was whether Ms Menozzi qualified as the spouse of Mr Lostumbo for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if Ms Menozzi and Mr Lostumbo were in a married relationship as defined by section 5F of the Act. This definition necessitates that the parties are married under a valid marriage, demonstrate a mutual commitment to a shared life to the exclusion of others, that the relationship is genuine and continuing, and that they live together or do not live permanently apart. The Tribunal also had to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties had provided a marriage certificate registered under the *Marriage Act 1961* (Cth), indicating a valid marriage on 11 June 2017. Having considered all the evidence, the Tribunal was satisfied that Ms Menozzi was the spouse of Mr Lostumbo within the meaning of section 5F of the Act. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria relating to being a spouse and other specified visa requirements.