Tran (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309, where the applicant sought to establish a genuine and continuing spousal relationship with an Australian citizen. The core of the dispute revolved around whether the parties met the definition of a "spouse" as stipulated in section 5F of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant and the review applicant were in a married relationship, which necessitates that they are validly married, share a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship is genuine and continuing, and that they live together or do not live separately and apart on a permanent basis. In assessing these criteria, the Tribunal had to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties had provided sufficient evidence, including a marriage certificate, to establish that they were validly married for the purposes of the Act. While the text does not detail the Tribunal's specific findings on all the other criteria, it indicates that the Tribunal considered evidence of communications, travel, cohabitation, pooling of financial resources, mutual representation of their relationship to others, companionship, emotional support, and a long-term commitment. Based on its assessment of the evidence presented, the Tribunal concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration, with a direction that the visa applicant meets the criteria specified in clauses 309.211 and 309.221 of Schedule 2 to the Regulations.