TAKYIWAA (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant sought to establish that they were the spouse of the sponsoring partner, as defined by section 5F of the Migration Act 1958 (Cth). The primary dispute revolved around whether the parties were in a genuine and continuing spousal relationship, meeting the criteria outlined in clause 100.221 of Schedule 2 to the Migration Regulations 1994 (Cth). The decision was made by Hugh Sanderson, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a married relationship that satisfied the statutory definition of "spouse" under section 5F of the Act. This involved assessing whether the parties were married under a valid marriage, whether there was a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. The Tribunal also had to consider all the circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as detailed in regulation 1.15A(3).

The Tribunal found that the parties were validly married in Ghana on 19 January 2012, satisfying the requirement of a valid marriage under section 5F(2)(a). Regarding the financial aspects, the parties shared a joint residential tenancy and jointly owned a car. While they maintained separate bank accounts, they contributed to a joint account for rent and other expenses, and the applicant managed these payments. The parties were aware of each other's financial circumstances. The Tribunal concluded that, based on the evidence presented, the applicant met the criteria under clause 100.221(2)(b) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Partner (Migrant) (Class BC) visa for reconsideration by the Minister, with the direction that the applicant met the specified criteria for a Subclass 100 (Partner) visa.