Miguel (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a citizen of the Philippines. The applicant sought to establish a spousal relationship with an Australian citizen sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant and the sponsor were in a genuine and continuing spousal relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth).

The Tribunal was tasked with assessing whether the parties met the criteria for a married relationship under section 5F of the Migration Act. This involved considering whether they were validly married, had a mutual commitment to a shared life to the exclusion of others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. In making this assessment, the Tribunal was required to have regard to all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married in Australia on 2 November 2019. While the sponsor’s evidence was described as taciturn, the applicant’s evidence was found to be spontaneous, detailed, and compelling. After considering additional evidence provided post-hearing, the Tribunal was satisfied that the couple demonstrated a mutual commitment to a shared life and that their relationship was genuine and continuing. The Tribunal noted the applicant’s role in providing daily care to the sponsor, who has health issues, and the pooling of financial resources, albeit limited.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa under clauses 820.211(2)(a) and 820.221(1)(a) of Schedule 2 to the Regulations.