NGUYEN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, born in 1993, entered Australia on a student visa in 2014. The sponsor, an Australian citizen born in 1995, met the applicant in 2014, and they married on 31 October 2015. The core dispute before the Tribunal was whether the applicant was the spouse of the sponsor as defined by section 5F of the Migration Act 1958 (Cth).

The Tribunal was required to determine if the parties were in a spousal relationship, which necessitates a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation. In assessing these elements, the Tribunal had regard to all circumstances, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that the parties were validly married and that the sponsor was an Australian citizen. While the parties did not have joint assets or liabilities, they pooled financial resources for groceries and shared day-to-day household expenses. They lived with the sponsor's uncle and aunt, shared housework responsibilities, and their living arrangements were evidenced by correspondence and joint bank statements. The Tribunal accepted that the parties shared housework and some household expenses, and that they lived together. However, the decision does not elaborate on the Tribunal's specific findings regarding the mutual commitment, genuineness, and continuing nature of the relationship, nor the social aspects or degree of companionship and emotional support.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration. The direction was that the applicant met specific criteria for a Subclass 820 visa, namely cl.820.211(2)(a) and cl.820.221(1)(a) of Schedule 2 to the Regulations, indicating that further assessment of the remaining criteria was necessary.