Zheng (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by a citizen of Singapore, who claimed to be the spouse of an Australian citizen. The applicant, born in 1970, had a son from a previous marriage, who was also a secondary applicant. The sponsor, an Australian citizen born in 1959, had also been previously married. The parties met in 2015, married in Singapore in 2017, and maintained separate residences in Singapore and Brisbane. The case was heard by Senior Member Ann Duffield of the Tribunal.

The central legal issue before the Tribunal was whether the applicant was the spouse of the sponsor within the meaning of the *Migration Act 1958* (Cth). This required determining if the parties were in a married relationship, as defined by section 5F of the Act, which necessitates a valid marriage, a mutual commitment to a shared life as a married couple to the exclusion of others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. The Tribunal was required to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.15A(3) of the *Migration Regulations 1994*.

The Tribunal found that the parties were validly married for the purposes of the Act. It was satisfied that they demonstrated a mutual commitment to a shared life to the exclusion of others, supported by consistent and compelling evidence regarding their finances, including a joint account and a shared business venture. The Tribunal also considered the nature of their household and their commitment to each other, noting their shared interests and the establishment of a business together. Despite maintaining separate residences and travelling between Singapore and Brisbane, the Tribunal concluded that the evidence presented was sufficient to meet the criteria for a spouse relationship.

Consequently, the Tribunal remitted the applications for the Partner (Temporary) (Class UK) visas for reconsideration, with a direction that the applicants meet the criteria for Subclass 820 (Partner) visas, specifically clauses 820.211 and 820.221 of Schedule 2 to the Regulations.