SINGH (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by an applicant who had previously been married in India and whose last substantive visa expired in March 2011. The applicant met the sponsor, an Australian citizen, in July 2012 and they married in February 2013. The Tribunal was required to determine whether the applicant was the spouse of the sponsor as defined by section 5F of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the applicant and sponsor were in a genuine and continuing spousal relationship, and whether they lived together or not separately and apart on a permanent basis, as required by section 5F(2) of the Act. The Tribunal also considered the matters set out in regulation 1.15A of the Migration Regulations 1994, which require consideration of financial, household, social, and commitment aspects of the relationship.

The Tribunal affirmed the decision not to grant the visa, finding that the evidence did not establish a genuine and continuing spousal relationship. The Tribunal noted that the parties had not lived together or been in contact for the preceding one and a half years, and that there was a paucity of evidence to support the claims of a genuine relationship. The Tribunal also disregarded certain information due to a non-disclosure certificate, stating it was not relevant to the review. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.