Zhang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by a Chinese citizen sponsored by an Australian permanent resident. The central dispute was whether the applicant and sponsor were in a genuine and continuing married relationship as defined by the *Migration Act 1958* (Cth). The Tribunal was required to assess the relationship against the criteria for a spouse relationship, considering various aspects including financial, household, social, and commitment elements.

The legal issues before the Tribunal were whether the parties met the requirements of a married relationship under section 5F of the *Migration Act*. This involved determining if they were validly married, and if so, whether they demonstrated a mutual commitment to a shared life as a married couple to the exclusion of all others, that the relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In assessing these matters, the Tribunal was obliged to consider all circumstances of the relationship, including the financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that the parties were validly married in New South Wales on 8 May 2018. After considering the evidence presented, including bank statements, photographs, joint health insurance, evidence of a joint address, and letters of support, the Tribunal was satisfied that the parties had a mutual commitment to a shared life as a married couple. The Tribunal concluded that the applicant met the criteria for a Subclass 820 visa in relation to the spouse relationship. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria.