Okpara (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by the applicant, who claimed to be the spouse of an Australian citizen sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant and sponsor were in a married relationship that met the criteria set out in the *Migration Regulations 1994* (Cth). A key issue was whether the relationship was genuine and continuing, involving a mutual commitment to a shared life to the exclusion of all others, and whether the parties lived together or not separately and apart on a permanent basis.

The Tribunal was tasked with assessing whether the parties met the requirements of a spouse relationship as defined by section 5F of the *Migration Act 1958* (Cth) and regulation 1.15A of the *Migration Regulations 1994*. This involved considering all circumstances of the relationship, including financial, social, and household aspects, as well as the nature of their commitment to each other. The Tribunal also had to consider evidence of events occurring after the date of application, as such evidence could logically demonstrate the existence or non-existence of the relevant relationship factors at the time of application and decision.

The Tribunal found that the applicant and sponsor were validly married on 20 July 2018, satisfying the requirement for a marriage valid for the purposes of the Act. After considering oral evidence and documentary material, the Tribunal made detailed findings of fact regarding the financial, household, social aspects of the relationship, and the nature of their commitment. The Tribunal was satisfied that the parties had lived together since their marriage, shared household tasks and expenses, provided care for the sponsor's children, represented themselves as a married couple to family and friends, and had a long-term, genuine, and committed relationship.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa, specifically clauses 820.211(2) and 820.221(1)(a) of Schedule 2 to the *Migration Regulations 1994*.