Mach (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, where the primary issue was whether the applicant and their sponsor were in a genuine and continuing spousal relationship as defined by section 5F of the *Migration Act 1958* (Cth). The Tribunal was required to consider the evidence presented by the applicants, including written submissions and supporting documents, as well as the limited information available from the Department due to the absence of its file.

The legal issues before the Tribunal were whether the parties were validly married and, if so, whether they met the remaining requirements for a spousal relationship under the Act. Specifically, the Tribunal had to determine if there was a mutual commitment to a shared life as a married couple to the exclusion of all others, if the relationship was genuine and continuing, and if the couple lived together or not separately and apart on a permanent basis. In assessing these matters, the Tribunal was directed 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 of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties were validly married, acknowledging the evidence of a marriage certificate from the Episcopal Church of South Sudan, and that there was no evidence to contradict the delegate's assertion of the marriage's existence. Consequently, the Tribunal determined that the applicants met the criteria for being spouses under section 5F(2)(a) of the Act. Given the findings, the Tribunal remitted the application for reconsideration by the Minister, directing that the primary applicant met the specified criteria for the subclass 309 visa.