Singh (Migration)

This matter concerned an application by Mr Singh for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The primary issue before the Tribunal was whether Mr Singh was the spouse of Ms Kaur, an Australian permanent resident, at the time of his visa application on 24 January 2018, and whether this relationship continued to be genuine and continuing at the time of the decision. The Tribunal was required to consider the definition of "spouse" under section 5F of the Migration Act 1958 (Cth), which necessitates 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 required to determine if Mr Singh and Ms Kaur met the criteria for a spouse relationship as defined by the Act and the Migration Regulations 1994 (Cth). This involved assessing all circumstances of their relationship, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A(3). The Tribunal also had to consider whether the parties were validly married, which was a prerequisite for meeting the spouse criteria.

The Tribunal found that Mr Singh was not the holder of a Subclass 771 (Transit) visa at the time of his application, thus satisfying one of the preliminary requirements. It was also established that Mr Singh and Ms Kaur were validly married on 17 December 2017, fulfilling the requirement of being married to each other under a marriage valid for the purposes of the Act. However, the Tribunal did not make a final determination on all the criteria for the spouse relationship. Consequently, the Tribunal remitted the application for reconsideration, directing that Mr Singh met the criteria under cl 820.211(2) and cl 820.221(1)(a) of Schedule 2 to the Regulations.