MAROUKI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by a Swedish citizen sponsored by her Australian citizen husband. The initial application was refused by the delegate because the applicant had not submitted Form 40, the sponsorship form. The applicant subsequently lodged a substantial volume of additional evidence, including a completed Form 40, joint financial documents, statutory declarations, photographs, and other evidence of their shared life. The Tribunal was required to determine whether the applicant was sponsored by her spouse and whether the parties met the criteria for a spousal relationship under the Migration Regulations 1994.

The Tribunal considered the definition of "spouse" under section 5F of the Migration Act 1958, which requires a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation. The Tribunal also had regard to regulation 1.15A, which outlines various factors to be considered when assessing the circumstances of a relationship, including financial, household, social aspects, and the nature of the commitment to each other. The Tribunal found that the parties were validly married, as evidenced by their marriage certificate.

Based on the comprehensive evidence presented, including the completed sponsorship form and the extensive documentation supporting the genuineness and continuing nature of their marriage, the Tribunal was satisfied that the parties met the requirements of clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the specified criteria for the Subclass 820 visa.