Munawar (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by an applicant who claimed to be the spouse or de facto partner of the sponsor. The sponsor, who held a permanent visa for Australia, was a member of the Ahmadiyya community. The core dispute revolved around whether the applicant and sponsor were in a valid marriage or a de facto relationship for the purposes of the *Migration Act 1958* (Cth). The decision was made by P. Maishman of the Tribunal.

The Tribunal was required to determine whether the applicant was the spouse or de facto partner of the sponsor, as stipulated by clauses 309.211 and 309.221 of the *Migration Regulations 1994* (Cth). This involved assessing whether the parties were in a valid marriage under Australian law, which generally requires recognition under the laws of the country where the marriage occurred. The Tribunal also needed to consider the criteria for a de facto relationship, as defined by the Act and regulations, should a valid marriage not be established.

The Tribunal found that while the parties had undergone a Nikah ceremony and provided a marriage certificate, their marriage was not legally registrable in Pakistan due to the Pakistani government's non-recognition of Ahmadiyya Muslims. Consequently, the marriage was not considered valid for the purposes of Australian migration law. However, the Tribunal determined that the parties satisfied the criteria for a de facto relationship, considering the various aspects of their relationship as outlined in regulation 1.09AD, including financial, household, social, and commitment elements.

Given these findings, the Tribunal remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration. The Tribunal directed that the visa applicant be considered to meet the criteria specified in clauses 309.211 and 309.221 of Schedule 2 to the Regulations, and regulation 2.03A, in relation to their de facto spousal relationship.