Parinis (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Anitah Parinis, sought review of a decision made by the Department of Home Affairs. The primary issue before the Tribunal was whether the applicant and the sponsor, Steven Holland, were spouses for the purposes of the *Migration Act 1958* (Cth) at the time the visa application was made.

The legal issues before the Tribunal were whether the applicant and sponsor were in a married relationship, as defined by section 5F of the Act, and whether they met the requirements of clause 820.211(2)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth). This required an assessment of whether they were married to each other, had a mutual commitment to a shared life to the exclusion of others, that their relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. The Tribunal was also required to consider all circumstances of the relationship, including financial, household, and social aspects, as well as the nature of their commitment, as outlined in regulation 1.15A(3).

The Tribunal noted that the primary decision had not fully assessed all relevant criteria, particularly concerning Schedule 3 requirements, but confined its own findings to the issue of whether the parties were spouses. The Tribunal considered evidence of events both before and after the visa application date, as such evidence could logically demonstrate the existence or non-existence of relevant facts at the time of application. The Tribunal found that the parties were validly married and that evidence, including joint financial documents, shared living arrangements, and statements from friends and family, indicated a genuine and continuing relationship with a mutual commitment.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 820.211(2)(a) of Schedule 2 to the Regulations.