Toohey (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Toohey for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The core of the dispute concerned whether Ms. Toohey and her partner were in a genuine and continuing spousal relationship, as required by the *Migration Regulations 1994* (Cth). The delegate of the Minister had refused the visa application, finding that the relationship did not meet the legislative criteria.

The AAT was required to determine whether the evidence presented by Ms. Toohey established a genuine and continuing spousal relationship, considering factors such as the mutual commitment to a shared life to the exclusion of all others, living together on a permanent basis, and the nature of their shared responsibilities. Specifically, the Tribunal had to assess whether the evidence of joint ownership of assets, legal obligations owed to each other, Ms. Toohey’s status as a beneficiary in her partner’s Will and superannuation, and the sharing of household expenses and responsibilities demonstrated the requisite genuineness and continuity of the relationship.

In its reasoning, the AAT applied the principles established in migration law concerning the assessment of spousal relationships. The Tribunal considered the totality of the circumstances, weighing the evidence presented against the legislative requirements. It found that while some aspects of the relationship were indicative of a genuine partnership, the evidence regarding the mutual commitment to a shared life to the exclusion of all others and the permanent nature of their cohabitation was not sufficiently compelling to satisfy the delegate’s concerns. Consequently, the AAT determined that the delegate’s decision was not the correct or preferable one. The Tribunal remitted the decision to the AAT for reconsideration.