Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant claiming to be the spouse of an Australian citizen sponsor. The delegate assessing the application was not satisfied that the parties were spouses at the time of the application. The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing married relationship as defined by the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth).

The legal issues before the Tribunal were whether the applicant and sponsor met the criteria for a spouse relationship under clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations. This required assessing whether they were married to each other under a valid marriage, had a mutual commitment to a shared life 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, as per section 5F(2) of the Act. The Tribunal was directed to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married in Australia on 12 June 2016, with evidence of a marriage certificate and proof of the sponsor's divorce from a previous marriage. However, the Tribunal noted that the delegate had not been satisfied regarding the other requirements of a spouse relationship. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for the Subclass 820 visa, with a direction that the applicant met the criteria under clauses 820.211(2) and 820.221.