Wong (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant, Mr. Wong, and the sponsor, Ms. Guan, were married in Australia on 18 March 2017. The application for review was heard by T. Quinn.

The legal issues before the court were whether the applicant and sponsor had a mutual commitment to a shared life to the exclusion of others, whether their relationship was genuine and continuing, and whether they lived together in a spousal relationship, thereby satisfying the criteria for a Subclass 820 Partner visa under clause 820.211(2) of Schedule 2 of the Migration Regulations 1994. The court was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other.

The court found that the evidence supported a finding that the applicant and sponsor had a mutual commitment to a shared life to the exclusion of others, that their relationship was genuine and continuing, and that they lived together on a permanent basis. The court was satisfied that the applicant was in a spouse relationship with the sponsor. The court noted that it is for the applicant to provide evidence to enable the decision maker to reach the requisite state of satisfaction.

The court remitted the application for reconsideration by the Department with a direction that the applicant meets the criteria for a Subclass 820 Partner visa under clause 820.211(2) of Schedule 2 of the Regulations.