Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought to establish that she was the spouse of the sponsor, an Australian permanent resident, for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Tribunal was required to determine whether the applicant and sponsor were in a married relationship that was genuine and continuing at the time of the visa application and at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant and sponsor met the definition of "spouse" as defined in section 5F of the Act. This definition requires that the parties be married to each other under a valid marriage, demonstrate a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship be genuine and continuing, and that they live together or not separately and apart on a permanent basis. The Tribunal also considered the factors outlined in regulation 1.15A(3) of the *Migration Regulations 1994*, which include the financial and social aspects of the relationship, the nature of the household, and the parties' commitment to each other.

The Tribunal found that the applicant and sponsor were validly married on 21 December 2014, and a certified copy of their marriage certificate was on file. However, the Tribunal noted that inconsistencies had arisen between the applicant and sponsor's evidence at the hearing, and that further consideration was required regarding the genuineness and continuing nature of their marital relationship, as well as whether they continued to meet the requirements of clause 820.211(2) and clause 820.221(1)(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 820.211(1) and clause 820.221(1)(a) of Schedule 2 to the Regulations.