Zeidan (Migration)

This matter concerned a Partner (Provisional) (Class UF) visa application made by a male applicant residing in Lebanon, sponsored by his wife, an Australian citizen. The primary issue before the Tribunal was whether the parties were in a genuine and continuing spousal relationship, as required by the Migration Regulations 1994. The Tribunal considered evidence relating to the parties' meeting, marriage, and their claims of a committed relationship, including the impact of the COVID-19 pandemic on their ability to cohabit.

The legal issues the Tribunal was required to determine were whether the visa applicant and the review applicant were in a genuine spousal relationship at the time of the visa application and continued to be so at the time of the Tribunal's decision. This involved assessing whether the parties met the definition of a "spouse" under section 5F of the Migration Act 1958, which requires a valid marriage, a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, and cohabitation or not living separately and apart on a permanent basis. The Tribunal also had to consider all circumstances of the relationship, including financial and social aspects, and the nature of their household, as outlined in regulation 1.15A(3).

The Tribunal found that the parties were validly married on 18 June 2019, and there was no evidence to cast doubt on the validity of this marriage. While the Tribunal noted some concerns about the visa applicant's primary commitment being to obtaining a visa, it was ultimately satisfied that there was sufficient evidence to support a finding of a genuine and committed relationship. The Tribunal considered the parties' consistent evidence regarding their meeting, time living together in Lebanon, and the impact of the pandemic. The Tribunal concluded that the visa applicant met the criteria under cl 309.211 and cl 309.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, directing that the visa applicant met the specified criteria for the visa.