Vo (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by the applicant and their daughter as a secondary applicant. The sponsor was an Australian citizen. The core dispute revolved around whether the applicant and sponsor were in a genuine and continuing spouse relationship, as required by the Migration Regulations 1994. The Tribunal was tasked with determining if the parties met the criteria for a married relationship under section 5F of the Act, considering various aspects of their relationship.

The legal issues before the Tribunal were whether the parties were validly married, and if so, whether they met the other requirements for a spouse relationship as defined by the Act and Regulation 1.15A(3). This involved assessing the financial aspects, the nature of their household, the social aspects of their relationship, and the nature of their commitment to each other, both at the time of the visa application and at the time of the decision. The Tribunal also considered whether the parties had a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether their relationship was genuine and continuing, and if they lived together or not separately and apart on a permanent basis.

The Tribunal found that the parties were validly married and, on balance, satisfied the requirements of section 5F(2) of the Act at both relevant times. This included having a mutual commitment to a shared life, a genuine and continuing relationship, and living together as much as possible. The Tribunal also considered the evidence of their living arrangements, including shared accommodation with their daughters, and their future plans, such as starting a joint business, which indicated a long-term commitment. Despite some initial lack of evidence regarding commitment at the time of application, the Tribunal gave weight to the evidence presented at the hearing and subsequent events.

Ultimately, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas, subclass 820, with a direction that the first applicant met the relevant criteria, including clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations, and that the secondary applicant also met these criteria.