Singh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Mr Singh, who claimed to be the spouse of an Australian citizen. The Tribunal was required to determine whether the applicant and the sponsor remained married in a committed relationship to the exclusion of all others, or alternatively, whether they were in a de facto relationship.

The legal issues before the Tribunal were whether the parties were validly married for the purposes of the Act, and if not, whether they met the criteria for a de facto relationship. Specifically, the Tribunal had to consider the definition of "spouse" under section 5F of the Migration Act 1958 (Cth) and the requirements for a de facto relationship under section 5CB of the Act and regulation 1.09A of the Migration Regulations 1994 (Cth).

The Tribunal reasoned that the parties were not validly married as they had been permanently separated for approximately two years, no longer resided together, had no children, and the applicant intended to commence divorce proceedings. Consequently, they did not have a continuing married relationship. The Tribunal then considered whether the parties were in a de facto relationship, noting that this required a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, living together or not living separately on a permanent basis, and not being related by family. Based on the applicant's evidence of permanent separation, lack of cohabitation, and absence of mutual commitment, the Tribunal found that the parties did not satisfy the criteria for a de facto relationship.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, concluding that the applicant did not satisfy the criteria for the grant of the visa.