Vo (Migration)

The Tribunal considered an application for a Partner (Temporary) (Class UK) visa made by the applicant, who claimed to be the spouse of an Australian permanent resident. The applicant had a complex immigration history, including periods of unlawful status and the lodging of an invalid visa application prior to the current application. The central issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing spouse relationship as defined by the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the parties met the criteria for a married relationship under section 5F of the Act. This involved assessing whether they were married under a valid marriage, whether there was a mutual commitment to a shared life as a married couple to the exclusion of all others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis. In making this determination, the Tribunal had to consider all circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment to each other, as detailed in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that the parties were validly married for the purposes of the Act. However, it then proceeded to examine each of the matters set out in regulation 1.15A(3) to assess the genuineness and continuing nature of the spouse relationship. The Tribunal's consideration of these matters, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment, led it to conclude that the applicant did not meet the requirements for a spouse relationship. Consequently, the Tribunal affirmed the decision not to grant the visa.