Osrin (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant was an Australian citizen, and the visa applicant was a national of Pakistan. The parties met online in March 2017, met in person in June 2017, and married in Pakistan in July 2018, after which the visa applicant remained in Pakistan.

The primary legal issue before the Tribunal was whether the relationship between the parties met the definition of 'spouse' as defined in section 5F of the Migration Act 1958 (Cth). This required determining if the parties were validly married, had a mutual commitment to a shared life to the exclusion of others, if the relationship was genuine and continuing, and if they lived together or not separately and apart on a permanent basis. The Tribunal was also required to consider all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal found that a Marriage Registration Certificate from Khyber Pakhtunkhwa established that the parties were validly married on 7 July 2018, satisfying section 5F(2)(a) of the Act. Regarding other aspects of the relationship, the Tribunal noted the parties resided in different countries and had not established joint financial arrangements, placing minimal weight on this factor. While the review applicant sent money to the visa applicant, they did not share bank accounts or joint assets. The Tribunal also considered the nature of the household, noting the review applicant's visits to Pakistan where she stayed with the visa applicant and his family, but was not permitted to undertake household tasks. The Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration, with a direction that the visa applicant met the criteria under clauses 309.211(2) and 309.221 of Schedule 2 to the Regulations.