Potgieter (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Mrs Erma Potgieter, sought to establish that she was the spouse or de facto partner of her sponsor, Mr Ramanjit Singh, an Australian citizen. The Tribunal had considered evidence including oral testimony from the applicant, her sponsor, and a witness, as well as documentary evidence.

The central legal issue before the Tribunal was whether the applicant and her sponsor were in a genuine and continuing spousal relationship, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. This required the Tribunal to determine if the parties met the definition of a "spouse" under section 5F of the Migration Act 1958, which includes having a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis.

The Tribunal found that the parties met the requirements of section 5F(2)(a) as they were validly married. The Tribunal was satisfied that the parties had met in 2014, commenced a romantic relationship, and moved to Western Australia in April 2015, marrying in May 2015. They subsequently moved to Melbourne in 2016. The Tribunal noted that the parties had lived together continuously since moving from Dubai and had been married for three years. The Tribunal accepted the Certificate of Marriage as genuine and was satisfied that the parties were single and married to each other under a marriage valid for the purposes of the Act. The decision was remitted with a direction.