Royal (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The central dispute was whether the visa applicant was the spouse of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The decision was made by Steven Griffiths, a Member of the Tribunal.

The legal issues before the Tribunal were whether the sponsor was an Australian citizen and, more significantly, whether the parties were in a genuine and continuing spousal or de facto relationship that met the criteria outlined in section 5F of the Act. This definition requires a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of others, a genuine and continuing relationship, and that the couple live together or do not live separately and apart on a permanent basis.

The Tribunal considered extensive evidence, including statutory declarations, affidavits from friends and family, financial records such as joint bank accounts and money transfers, communication records including Facebook and Messenger, photographs, and flight records. While the Tribunal accepted that the sponsor was an Australian citizen, it concluded that the matter required reconsideration. The Tribunal found that the visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with the direction that the visa applicant met the specified criteria.