Mercado (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Provisional) (Class GK) visa, Subclass 482. The applicant sought to be recognised as a member of the family unit of Ms Cherry Julie Jane Caperida, the primary visa applicant. The dispute centred on whether the applicant was the spouse or de facto partner of Ms Caperida at the time of the visa application, and subsequently, whether their marriage was valid for migration purposes.

The Tribunal was required to determine if the applicant met the criteria for being a "member of the family unit" under the Migration Regulations, specifically whether he was the spouse or de facto partner of Ms Caperida. This involved assessing the genuineness and continuation of their relationship, their mutual commitment to a shared life, and whether they lived together. The Tribunal also had to consider the definition of a "spouse" and a "de facto partner" as provided in the Migration Act and the relevant regulations, including the circumstances that may be considered when assessing these relationships.

The Tribunal noted that the applicant had initially claimed to be in a de facto relationship with Ms Caperida when the visa application was lodged. However, by the time of the Tribunal hearing, the applicant and Ms Caperida had married. The Tribunal considered the evidence presented, including statutory declarations, financial documents, and evidence of shared living arrangements. It found that while the delegate had raised concerns about the authenticity of some documents and discrepancies in addresses, the subsequent marriage between the applicant and Ms Caperida meant the applicant now claimed to be a spouse. The Tribunal concluded that the matter should be remitted back to the Department for reconsideration, with a direction that the applicant met the criteria for a 482 – Temporary Skill Shortage visa in relation to clause 482.312 of Schedule 2 to the Regulations.