Nanthakumar-Sithamparam (Migration)

This decision concerns an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by a visa applicant claiming to be the spouse of the review applicant, an Australian citizen. The core dispute revolved around whether the parties were in a genuine and continuing married relationship as defined by the Migration Act 1958 (Cth). The Tribunal was required to determine if the relationship met the criteria for a spouse relationship, specifically whether there was a mutual commitment to a shared life as a married couple to the exclusion of all others, and if they lived together or not separately and apart on a permanent basis.

The Tribunal's reasoning focused on assessing the evidence against the requirements of section 5F(2) of the Act and regulation 1.15A(3) of the Migration Regulations 1994. While the parties were validly married in Sri Lanka, the Tribunal found a lack of evidence supporting a genuine and continuing married relationship. Specifically, the parties lived in different countries, with the review applicant having not visited the visa applicant in four years. The Tribunal noted a lack of communication, companionship, and emotional support, and found that evidence, such as a joint bank account, had been manipulated to support the visa application rather than reflecting the true financial aspects of their relationship.

Consequently, the Tribunal concluded that the visa applicant did not satisfy the criteria for the grant of the visa. The decision under review, which affirmed the refusal of the visa, was therefore affirmed.