Saleem (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant failed to attend a scheduled hearing and did not provide requested information to the Tribunal. The Tribunal was therefore not satisfied that the marriage was solemnised by an authorised celebrant, nor that the applicant was the spouse or de facto partner of the sponsoring spouse.

The legal issue before the Tribunal was whether, at the time of the decision, the applicant was the spouse or de facto partner of his sponsor, as required by clause 100.221 of the Migration Regulations 1994. This clause requires, among other things, that the applicant be the spouse or de facto partner of the sponsoring partner. The definition of "spouse" under section 5F of the Migration Act 1958 requires that the parties be married to each other under a marriage valid for the purposes of the Act, have a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship be genuine and continuing, and that the couple live together or not live separately and apart on a permanent basis.

The Tribunal considered the applicant's claim of marriage in March 2016, supported by a ceremonial marriage certificate. However, the Tribunal noted that the Department's file contained multiple requests for evidence regarding the relationship, including financial and social aspects, the nature of their shared household, and their commitment to each other, none of which were provided by the applicant. Furthermore, the Tribunal invited the applicant to provide such evidence, again with no response received. The Tribunal also noted that the applicant had not provided evidence that the marriage was solemnised by an authorised celebrant. Given the lack of evidence addressing the core requirements of a valid and genuine spousal relationship, and the failure to provide requested information, the Tribunal concluded that the applicant had not satisfied the criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant a Partner (Migrant) (Class BC) visa.