Pham (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by an applicant from Vietnam sponsored by an Australian citizen. The applicant arrived in Australia in 2013 and commenced a de facto relationship with the sponsor in 2016, lodging her visa application on that basis. The parties subsequently married in Victoria in September 2022. The Tribunal was required to assess whether the parties were in a de facto relationship at the time of the visa application and a spousal relationship at the time of the decision.

The legal issues before the Tribunal were whether the parties met the criteria for a de facto relationship under section 5CB(2) of the Migration Act 1958 at the time of application, and whether they met the criteria for a spousal relationship under section 5F(2) of the Act at the time of the decision. This involved assessing the genuineness and commitment of the relationship, considering financial aspects, the nature of the household, and social aspects, as outlined in regulation 1.15A of the Migration Regulations 1994.

The Tribunal found that the parties were validly married at the time of the decision, satisfying the criteria for a spousal relationship under section 5F(2). The Tribunal considered the extensive documentary evidence, including joint bank statements and evidence of shared household expenses, which indicated a pooling of financial resources and a shared commitment to their domestic life. While the parties lived with the sponsor's parents and had limited joint major assets or liabilities, the Tribunal was satisfied that the financial and social aspects, along with the nature of their household and commitment to each other, supported a genuine and continuing spousal relationship. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the relevant criteria for the Subclass 820 visa.