Naqshbandi (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant claimed to be the spouse of the sponsor, an Australian citizen. The dispute before the Tribunal was whether the parties met the criteria for a married relationship as defined by the Migration Act 1994 and the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant and sponsor were in a married relationship, as defined by section 5F of the Act, which necessitates a valid marriage, mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. 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 on 31 October 2016, based on the submitted marriage certificate. Furthermore, the sponsor's statutory declaration dated 11 July 2023 indicated a genuine and continuing relationship, a mutual commitment, and the existence of a son, establishing them as a genuine family unit. The Tribunal was satisfied that the sponsor understood his sponsorship obligations.

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