OKEKEITU (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, Mr Okekeitu, sought to establish that he was the spouse of his sponsor, Mrs Daramy, both at the time of the visa application and at the time of the decision. The Tribunal, presided over by Member Katie Malyon, had before it a substantial volume of information, exceeding that considered by the original delegate.

The central legal issue before the Tribunal was whether Mr Okekeitu met the criteria for being the "spouse" of Mrs Daramy, as defined by the Migration Act 1958 and the Migration Regulations 1994. Specifically, the Tribunal was required to determine if the relationship was genuine and continuing, if they had a mutual commitment to a shared life as a married couple to the exclusion of all others, and if they lived together or did not live separately and apart on a permanent basis, both at the time of application and at the time of the decision. This involved considering the financial aspects, the nature of the household, the social aspects, and the nature of their commitment to each other.

The Tribunal acknowledged the extensive documentation provided, which detailed the couple's meeting, their subsequent marriage, the birth of their child, and their interactions, including a visit to Nigeria. However, the Tribunal noted that the delegate's decision was made without the benefit of all the information now available. The Tribunal concluded that, given the circumstances and the available evidence, the appropriate course of action was to remit the matter for reconsideration by the Minister.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with a direction that the applicant was taken to meet the criteria specified in cl 820.211 and cl 820.221 of Schedule 2 to the Regulations. This remittal allowed for a fresh consideration of the application in light of all the evidence.