Ly (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The dispute centred on whether the relationship between the visa applicant and the review applicant met the definition of ‘spouse’ as defined in section 5F of the Migration Act 1958 (Cth). The Tribunal was required to determine if the parties were in a married relationship, which necessitates being married under a valid marriage, demonstrating a mutual commitment to a shared life to the exclusion of others, proving the relationship is genuine and continuing, and living together or not living separately and apart on a permanent basis.

The Tribunal considered the evidence provided, including a joint document signed by the parties which, despite its deficiencies in form, outlined the progression of their relationship. This included their initial contact in 2010, the review applicant's financial support, their first in-person meeting in August 2010, subsequent travel to Vietnam, the review applicant's divorce, a proposal, a wedding ceremony in December 2011, a honeymoon, and the eventual registration of their marriage in Vietnam in April 2014. The Tribunal noted that regard must be had to all circumstances of the relationship, including financial, social, household, and commitment aspects, as detailed in regulation 1.15A of the Migration Regulations 1994.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the visa applicant met the criteria specified in clauses 309.211(2) and 309.221 of Schedule 2 to the Regulations. The application for the Partner (Provisional) visa was remitted to the Minister for further consideration of the remaining criteria.