Tran (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr. Tran. The dispute centred on whether Mr. Tran was the spouse of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The decision was made by Steven Griffiths, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant was the spouse of the sponsor, as defined in s 5F of the Act, and whether the sponsor was an Australian citizen, permanent resident, or eligible New Zealand citizen. Clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994 required that at the time of application and decision, the applicant be the spouse or de facto partner of an eligible sponsor. The Tribunal accepted the sponsor was an Australian citizen by birth.

The Tribunal considered the definition of "spouse" under s 5F of the Act, which requires a married relationship, a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and cohabitation without permanent separation. Regard was had to all circumstances of the relationship, including financial and social aspects, the nature of the household, and commitment to each other, as outlined in reg 1.15A(3). The applicant had provided an Australian Certificate of Marriage, evidence of travel, photographs, and statements from friends, as well as documents relating to joint land purchase and household expenses.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 820 (Partner) visa under cl.820.211(2) and cl.820.221(1) of Schedule 2 to the Regulations.