Loy (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant claiming to be the spouse of an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing spouse relationship, as defined by section 5F of the Migration Act 1958 (Cth) and regulation 1.15A of the Migration Regulations 1994.

The legal issues before the Tribunal were whether the parties met the requirements of a spouse relationship under section 5F(2) of the Act, which necessitates a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. In assessing these criteria, the Tribunal had to consider all circumstances of the relationship, including the financial and household aspects, social aspects, and the nature of the parties' commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married in Australia, satisfying section 5F(2)(a). Regarding the financial aspects, the Tribunal was satisfied that the parties had, and had had since the date of application, joint financial responsibility for their relationship, noting evidence of a joint bank account for household expenses and the sponsor's financial support of the applicant prior to her commencing a business. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant met the criteria under clauses 820.211 and 820.221(1) of Schedule 2 to the Regulations.