Wong (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision by the Tribunal. The core dispute revolved around whether the applicant was the de facto partner of the sponsor at the time of the visa application and whether she was the spouse of the sponsor at the time of the Tribunal's decision.

The legal issues before the Tribunal were to determine whether the applicant and the sponsor were in a de facto relationship at the time the visa application was lodged, and whether they were in a spousal relationship at the time of the Tribunal's decision. These determinations required consideration of the definitions of de facto relationship and spousal relationship under the Migration Act 1994, including the specific criteria outlined in the Migration Regulations 1994.

The Tribunal applied the definitions of de facto relationship under s 5CB of the Act and spousal relationship under s 5F of the Act. It noted that for de facto relationships, regard must be had to all circumstances, including financial and social aspects, the nature of the household, and the commitment to each other, as detailed in reg 1.09A(3). Similarly, for spousal relationships, consideration of all circumstances, including the same matters as set out in reg 1.15A(3), was required. The Tribunal found that the parties were married after the application was lodged, and based on the evidence, concluded that the marriage was valid for the purposes of the Act. It was satisfied that at the time of application, the parties were in a de facto relationship, and at the time of the decision, they were in a spousal relationship.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration by the Minister, with a direction that the applicant met the criteria for being in a de facto relationship at the time of application and a spousal relationship at the time of the decision.