Zhang (Migration)

This matter concerned an appeal by the Applicant against a decision of the Tribunal to affirm the refusal of her Partner (Temporary) (Class UK) visa, subclass 820. The Applicant claimed to be the spouse of the Sponsor, an Australian citizen.

The primary legal issue before the Tribunal was whether the Applicant was the spouse or de facto partner of the Sponsor as defined by the *Migration Act 1958* (Cth) at the time of the visa application and at the time of the decision. This required the Tribunal to consider whether the parties were validly married, whether there was a mutual commitment to a shared life, whether the relationship was genuine and continuing, and whether they lived together.

The Tribunal found that while the parties were validly married on 10 March 2017, which satisfied the requirement for a married relationship, it was not satisfied that the relationship was genuine and continuing. This conclusion was based on several factors, including the unusual and improbable circumstances of their initial meeting and communication solely through an interpreter, and inconsistencies in the Applicant's evidence regarding financial contributions and the Sponsor's alleged requirement for her to pay all expenses. The Tribunal gave weight to these inconsistencies, finding them to be significant.

The Tribunal affirmed the decision under review, concluding that the Applicant had not satisfied the requirements for the visa.