NGUYEN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought to establish that they were the spouse of an Australian citizen sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal was required to determine whether the parties were in a genuine and continuing married relationship, living together or not living separately and apart on a permanent basis, and whether they had a mutual commitment to a shared life as a married couple to the exclusion of all others.

The Tribunal considered the requirements of section 5F(2) of the Act, which mandates that a spousal relationship involves being married to each other under a valid marriage, a mutual commitment to a shared life, a genuine and continuing relationship, and living together. Regulation 1.15A of the Migration Regulations 1994 was also applied, requiring consideration of all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. The Tribunal noted that the parties were validly married in Sydney on 30 September 2015.

However, the Tribunal found a lack of evidence regarding the financial aspects of the relationship. While a joint bank account was provided, details of the sponsor's separate account and the applicant's claimed income were not supplied. Conflicting statements were made regarding financial contributions to daily living expenses, with no supporting evidence. Consequently, the Tribunal affirmed the decision not to grant the visa, as the applicant had not satisfied the primary criteria for the visa.