Malhi (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801. The applicant sought to establish that they were in a spouse relationship with the sponsoring partner, an Australian citizen. The Tribunal was required to consider whether the parties met the criteria for a genuine and continuing spousal relationship as defined by the Migration Act 1994 and the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the parties were validly married and whether they met the other requirements for a spousal relationship under the Act. Specifically, the Tribunal had to determine if there was a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, and if the parties lived together or did not live separately and apart on a permanent basis. The Tribunal was also required to consider all circumstances of the relationship, including financial and social aspects, and the nature of the household, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married on 23 September 2011, satisfying the requirement of s.5F(2)(a) of the Act. The evidence also indicated a pooling of financial resources, including joint bank accounts and a joint loan, demonstrating financial commitment to the shared household. The Tribunal concluded that the applicant met the criteria under cl.801.211 and cl.801.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister with a direction that the applicant met these specified criteria.