Wang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, who claimed to be the spouse of an Australian citizen sponsor. The central dispute revolved around whether the applicant and the sponsor were in a genuine and continuing spousal relationship as defined by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine whether the parties met the criteria for a spousal relationship under clauses 820.211(2)(a) and 820.221 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 to the exclusion of others, whether the relationship was genuine and continuing, and whether they lived together or not separately and apart on a permanent basis, as stipulated by section 5F(2) of the Act.

The Tribunal found that the parties were validly married on 21 December 2014. In assessing the other requirements for a spousal relationship, the Tribunal considered various documents, including a joint residential tenancy agreement, joint bank account statements, and a will. The parties shared a rented property with other tenants and pooled their financial resources, with the sponsor receiving a disability pension paid into their joint account. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the specified criteria for the visa.