Petrosyan (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, Subclass 820, against a decision that was under review by the Tribunal. The applicant, a national of Armenia, claimed to be in a genuine spousal relationship with an Australian citizen. The core dispute revolved around whether the evidence provided sufficiently demonstrated a genuine and continuing married relationship, as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant and his sponsor were in a genuine spousal relationship at the time of the visa application and at the time of the decision. This involved assessing whether the parties met the criteria for a married relationship as defined by section 5F of the Migration Act 1958, which includes being validly married, having a mutual commitment to a shared life as a married couple to the exclusion of all others, and living together or not living separately and apart on a permanent basis. The assessment was 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).

The Tribunal found that the oral evidence provided by the applicant, sponsor, and witnesses at the hearing was coherent, plausible, reasonable, and consistent with the documentary evidence. It placed particular weight on the evidence of a migration agent who explained that personal circumstances had led to inadequate evidence being initially submitted. The Tribunal was satisfied that the applicant, sponsor, and witnesses were reliable sources of information. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the criteria for a Subclass 820 Partner visa concerning being the spouse of an Australian citizen and being in a genuine spousal relationship.