Rachmayati (Migration)

The Administrative Appeals Tribunal considered the case of Rachmayati, who sought review of a decision concerning her Partner (Temporary) (Class UK) visa, Subclass 820. The core dispute revolved around whether the applicant was the spouse of the sponsor as defined by section 5F of the Migration Act 1958 (Cth) and therefore met the criteria under clause 820.211(2)(a) of the Regulations.

The Tribunal was required to determine if the evidence presented sufficiently established a genuine and continuing spousal relationship between the applicant and the sponsor. This involved assessing the nature of their relationship from its inception, including their cohabitation, financial arrangements, shared business ventures, and social interactions, in light of the legislative requirements for a partner visa.

The Tribunal's reasoning focused on the extensive evidence provided by the couple, which demonstrated they had lived together continuously for eight years, shared expenses and pooled finances, and had built and sold a business together. They also presented evidence of their social life, plans for future ventures, and the establishment of a company in the applicant's name. The Tribunal found that the cumulative weight of this evidence satisfied the criteria for a genuine and continuing spousal relationship. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clause 820.211(2)(a) of Schedule 2 to the Regulations.