Mohamed (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Partner (Provisional) (Class UF) visa. The central dispute was whether the applicant was the spouse of the sponsor, an Australian citizen, as defined by section 5F of the *Migration Act 1958* (Cth) at the time of the visa application and decision. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the parties were in a married relationship that met the criteria for a spousal relationship under section 5F of the Act. This involved assessing whether they were validly married, whether they had a mutual commitment to a shared life as a married couple to the exclusion of all others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties were validly married and had been in a married relationship for over four years, having lived together for approximately 21 months. They had offered each other companionship and emotional support, and viewed their relationship as long-term. However, the Tribunal noted a significant discrepancy regarding the sponsor's health, as detailed in a letter from a medical professional indicating severe mental health issues requiring 24-hour care, which the sponsor appeared to dispute. Due to these unresolved issues, particularly concerning the sponsor's health and its potential impact on the relationship's nature and the applicant's role within it, the Tribunal determined that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, directing that the visa applicant met the criteria specified in cl.309.211(2) and cl.309.221 of Schedule 2 to the *Migration Regulations 1994* (Cth).