Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant and sponsored by an Australian citizen. The central dispute revolved around whether the applicant and sponsor were in a genuine and continuing married relationship for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) at the time of the visa application and the decision under review. The Tribunal was required to determine if the parties met the criteria for a spouse relationship, considering all aspects of their relationship as mandated by the Act and Regulations.

The legal issues before the Tribunal were whether the applicant and sponsor were validly married and, if so, whether they met the other requirements for a spouse relationship as defined by section 5F of the Act. This involved assessing the evidence in relation to the financial and household aspects of their relationship, their social interactions, and the nature of their commitment to each other, as outlined in regulation 1.15A(3). The Tribunal also had to consider the relevance and weight of evidence pertaining to events that occurred subsequent to the visa application date.

The Tribunal reasoned that evidence of events subsequent to the visa application could logically demonstrate facts relevant to the existence or non-existence of the claimed marriage relationship at the time of application. Applying this principle, and having regard to the evidence presented, including the parties' meeting, their subsequent cohabitation, marriage, and joint purchase of property, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria under cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Regulations.