Xu (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The primary issue before the Tribunal was whether the applicant was the spouse of the sponsor, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal was required to consider all the circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment between the parties, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal was tasked with determining if the parties were in a married relationship that was valid for the purposes of the Act, demonstrating a mutual commitment to a shared life as a married couple to the exclusion of all others, and whether the relationship was genuine, continuing, and that they lived together or not separately and apart on a permanent basis. The applicant had provided a marriage certificate dated 3 June 2015, registered in New South Wales, and there was no evidence to suggest its invalidity.

After considering all the evidence, including oral testimony from the applicant, sponsor, and a witness, as well as the contents of the departmental and tribunal files, the Tribunal was satisfied that the applicant was the spouse of the sponsor within the meaning of section 5F of the Act. The Tribunal found the evidence provided by the parties and the witness to be detailed, consistent, and plausible.

Consequently, the Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration by the Minister, with a direction that the first visa applicant met the specified criteria for a subclass 309 visa, and the secondary applicant also met their respective criteria.