Nazari (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), brought by the applicant, Ms Nazari, against the decision of the Department. The Tribunal was required to consider whether the applicant and her sponsor continued to be in a genuine spousal relationship, assessing various aspects including financial, household, social, and commitment elements, as stipulated by the Migration Regulations 1994.

The central legal issue before the Tribunal was to determine if the applicant and her sponsor were in a continuing spousal relationship, a prerequisite for the grant of a Subclass 100 visa. This involved assessing whether the parties met the requirements of clause 100.221 of Schedule 2 to the Regulations, specifically concerning the existence of a genuine and continuing spousal or de facto relationship at the time of the decision.

The Tribunal found that while the documentary evidence initially provided, such as a joint bank account opened seven years after marriage and a single statutory declaration from a family member, was not persuasive in demonstrating the genuineness of the financial and social aspects of the relationship, the oral evidence presented by the applicant and sponsor was credible. The Tribunal questioned them separately and jointly, observing their interaction and finding their responses to be consistent yet distinct, indicating authenticity. Their demeanour and cooperative relationship suggested they were indeed in a genuine relationship. Consequently, the Tribunal concluded that the applicant met criterion cl.100.221(2)(b) of Schedule 2 to the Regulations.

Given these findings, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration by the Minister, with a direction that the applicant meets the specified criterion regarding the spousal relationship.