Souleyman (Migration)

The Administrative Appeals Tribunal considered an application by Mr Souleyman for a Partner (Provisional) (Class UF) visa, subclass 309. The core dispute concerned whether Mr Souleyman and his sponsor, an Australian permanent resident, were in a genuine spousal relationship at the time of the visa application and at the time of the decision.

The Tribunal was required to determine if the parties met the criteria for a genuine and continuing spousal relationship as defined by section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. This involved assessing whether they were validly married, had a mutual commitment to a shared life to the exclusion of others, lived together or not separately and apart on a permanent basis, and whether the relationship was genuine and continuing. The Tribunal also had to consider all circumstances of the relationship, including financial, social, household, and commitment aspects.

The Tribunal found that the parties were validly married in Saudi Arabia on 18 June 2012, satisfying the requirement for a valid marriage under section 5F(2)(a). However, the Tribunal noted that additional material, including statutory declarations from third parties and financial documentation, had been provided to it that was not before the original delegate. While acknowledging the evidence of financial transfers, the Tribunal indicated that the delegate had not been satisfied with the evidence regarding the financial aspects of the relationship, specifically concerning the pooling of resources or sharing of household expenses.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations.