Ta (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who claimed to be the spouse of an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing spousal relationship at the time of the visa application and at the time of the decision.

The legal issues before the Tribunal were whether the parties met the requirements of a married relationship as defined by section 5F of the Migration Act 1958 (Cth) and Regulation 1.15A of the Migration Regulations 1994. Specifically, the Tribunal had to consider if the parties were validly married, had a mutual commitment to a shared life as a married couple to the exclusion of all others, if the relationship was genuine and continuing, and if they lived together or not separately and apart on a permanent basis.

The Tribunal found that the parties were validly married on 26 October 2014, as evidenced by a marriage certificate. The Tribunal also had regard to additional material not previously provided to the Department, including submissions from the applicant's migration agent, bank statements, and photographic documentation. Considering all the circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for clauses 820.211 and 820.221 of Schedule 2 to the Regulations.