Omer (Migration)

This matter concerned an appeal by a visa applicant against the affirmation of a decision to refuse a Partner (Provisional) (Class UF) visa. The visa applicant claimed to be the spouse of the review applicant, an Australian citizen. The Tribunal was required to determine whether the parties were in a married relationship that satisfied the requirements of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) at the time of the visa application and at the time of the decision.

The primary legal issues before the Tribunal were whether the parties had a mutual commitment to a shared life as a married couple to the exclusion of all others, whether their relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis, as required by section 5F of the Act. In assessing these matters, the Tribunal had regard to all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A(3) of the Regulations.

The Tribunal found that the parties were validly married under a marriage recognised by the Act. However, regarding the financial aspects of the relationship, the Tribunal noted a lack of joint ownership of assets, joint liabilities, pooling of financial resources, or sharing of day-to-day household expenses. While money transfers from the review applicant to the visa applicant were provided as evidence, the Tribunal considered this to be the only physical evidence supporting the claims of financial support. The Tribunal concluded that, based on the limited oral evidence and the lack of substantial supporting physical evidence concerning the financial and social aspects of the relationship, it was not satisfied that the parties demonstrated a commitment to each other consistent with a genuine and continuing relationship.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Partner (Provisional) (Class UF) visa, finding that the visa applicant did not satisfy the criteria for the grant of the visa.