To (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the spouse of an Australian citizen sponsor. The Tribunal was required to determine whether the applicant was the spouse or de facto partner of the sponsor, as defined by section 5F of the *Migration Act 1958* (Cth) and regulation 1.15A of the *Migration Regulations 1994* (Cth).

The legal issues before the Tribunal were whether the parties met the criteria for a spousal relationship, specifically whether they were married, and if so, whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all 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 also considered the broader circumstances of the relationship, including financial and social aspects, and the nature of their household, as outlined in regulation 1.15A(3).

The Tribunal noted that while a ceremonial marriage certificate was provided, an official marriage certificate was not. However, proceeding on the basis that the parties were validly married, the Tribunal examined the evidence regarding the other requirements for a spousal relationship. The Tribunal found that the applicant had not provided any additional information or evidence to support their claims beyond what was before the original decision-maker. Despite some evidence of shared expenses for transport and third-party statements, the Tribunal found the information regarding living arrangements and other aspects of the relationship to be limited. Consequently, the Tribunal affirmed the decision not to grant the visa.