Mikho (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the review applicant. The dispute concerned whether the applicant was the spouse or de facto partner of the sponsor, an Australian citizen, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994.

The Tribunal was required to determine if the parties were in a valid married relationship, as defined by section 5F of the Migration Act 1958, which necessitates a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and cohabitation. The Tribunal also needed to consider all circumstances of the relationship, including financial, household, social aspects, and commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married, evidenced by a marriage certificate from a registry wedding on 9 April 2015. It accepted the parties' oral and documentary evidence regarding their introduction, courtship, a promise ceremony, engagement celebration, and a subsequent cultural/religious wedding ceremony attended by over 100 guests. While acknowledging some initial confusion from the applicant about their first meeting, the Tribunal found this attributable to nerves or memory lapse. The Tribunal was satisfied that the parties met the criteria for a spousal relationship under section 5F(2)(a) and (b) of the Act.

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