Reyes (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant, a citizen of the Philippines, sought the visa based on her relationship with her Australian sponsor. The sponsor had withdrawn his support for the application, alleging domestic violence by the applicant and stating the relationship had ceased. The applicant, in turn, alleged domestic violence by the sponsor. The Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth) at the time of the visa application and at the time of the decision.

The Tribunal was required to assess whether the applicant met the criteria for a Partner visa, specifically whether she was the spouse of the sponsor within the meaning of section 5F of the *Migration Act*. This involved considering the definition of "spouse" which requires a married relationship characterised by mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. The Tribunal was directed to have regard to all circumstances of the relationship, including financial, social, household, and commitment aspects as outlined in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that while the parties were validly married, the other requirements for a spousal relationship were not met. Despite the applicant's claims of domestic violence and allegations of financial, social, and emotional abuse by the sponsor, the Tribunal noted the absence of supporting documentation for these claims. Furthermore, the Tribunal considered the sponsor's evidence of domestic violence by the applicant, including a Protection Order against her, and the fact that the parties had filed for divorce. The Tribunal concluded that the parties were not in a genuine and continuing spousal relationship as envisaged by the *Migration Act* at the relevant times.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that she did not satisfy the criteria for the grant of the visa.