Wang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner) visa, by an applicant claiming to be the spouse of an Australian citizen sponsor. The central dispute revolved around whether the applicant and sponsor were in a genuine and continuing married relationship as defined by the Migration Act 1958 (Cth) (the Act) and the Migration Regulations 1994 (Cth) (the Regulations). The decision was made by Member Simone Burford of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant was the spouse of the sponsor, satisfying the criteria under clauses 820.211(2)(a) and 820.221(1) of Schedule 2 to the Regulations. This involved assessing whether the parties were married to each other under a marriage valid for the purposes of the Act, whether there was a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship was genuine and continuing, and that they lived together or not separately and apart on a permanent basis, as stipulated by section 5F of the Act. The Tribunal also had to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the parties had provided a Marriage Certificate issued by the Western Australian Registry of Births, Deaths and Marriages, confirming their marriage on 20 October 2015. This satisfied the requirement for a marriage valid for the purposes of the Act. While the text does not detail the specific evidence considered regarding the other aspects of the relationship, it indicates that the Tribunal reviewed the Department's file, the delegate's decision, and additional material submitted by the parties both before and after the hearing. The Tribunal concluded that the applicant met the criteria under cl.820.211(2)(a) and cl.820.221(1) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, with a direction that the applicant meets the specified criteria for a Subclass 820 (Partner) visa.