Pham (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by the applicant, who claimed to be the spouse of an Australian citizen sponsor. The central dispute was whether the applicant and sponsor were in a genuine and continuing married relationship, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. The decision was made by David Crawshay, Member of the Tribunal.

The Tribunal was required to determine whether the parties were validly married and, if so, whether they met the other requirements for a spouse relationship under section 5F of the Migration Act 1958. These requirements include a mutual commitment to a shared life as a married couple to the exclusion of all others, the genuineness and continuing nature of the relationship, and that the couple live together or do not live separately and apart on a permanent basis. The Tribunal also had to consider all the 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 parties were validly married, having sighted a genuine marriage certificate from 9 May 2018. In reaching its decision, the Tribunal considered a range of evidence submitted by the parties, including financial statements, correspondence, photographs depicting social events and travel, statutory declarations from friends, and relationship statements. This evidence was assessed in light of the criteria set out in regulation 1.15A(3), which encompasses financial aspects, the nature of the household, social aspects, and the commitment to each other.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for the Subclass 820 (Partner) visa under clauses 820.211 and 820.221(1) of Schedule 2 to the Regulations.