SINGH (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be the spouse of the sponsor, an Australian citizen. The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing spousal relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth).

The legal issues before the Tribunal were whether the applicant and sponsor met the requirements of a married relationship under section 5F of the Act. This involved assessing whether they were married to each other under a valid marriage, had a mutual commitment to a shared life to the exclusion of others, that the relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. The Tribunal was directed to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the applicant and sponsor were validly married on 10 July 2015, as evidenced by a marriage certificate registered under the Marriage Act 1961. The Tribunal noted that there was no evidence to suggest the marriage was not valid. While the Tribunal acknowledged the validity of the marriage, the decision record indicates that further consideration of the remaining criteria for the Subclass 820 visa was necessary.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in cl.820.211(2) and cl.820.221(1)(a) of Schedule 2 to the Regulations.