Singh (Migration)

This matter concerned an application by Mr Singh for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary issue before the Tribunal was whether Mr Singh and Ms Nilson were spouses at the time of the visa application, as required by cl.820.211(2)(a) of the Migration Regulations 1994. The delegate had refused the visa on the basis that this criterion was not met, which consequently meant the time of decision requirements in cl.820.221 were also not satisfied.

The Tribunal was required to determine whether Mr Singh and Ms Nilson were in a married relationship for the purposes of the Migration Act 1958. Section 5F of the Act defines a spouse as two persons who are married to each other, have a mutual commitment to a shared life as a married couple to the exclusion of all others, have a genuine and continuing relationship, and live together or do not live separately and apart on a permanent basis. In assessing these elements, regard must be had to all circumstances of the relationship, including financial and social aspects, the nature of the household, and commitment to each other, as detailed in r.1.15A(3) of the Regulations.

The Tribunal found that Mr Singh and Ms Nilson were validly married on 4 March 2013, satisfying s.5F(2)(a). However, the Tribunal noted that it must consider all the circumstances of the relationship as set out in r.1.15A(3), which includes financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that Mr Singh meets the criteria in cl.820.211(2)(a) of Schedule 2 to the Regulations.