ZHENG (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Mr Fei Zhang, the applicant, who claimed to be the spouse of Ms Danmin Li, an Australian citizen. The core dispute revolved around whether the parties were in a genuine and continuing spousal relationship as required by the *Migration Act 1958* (Cth) and associated regulations. The Tribunal was tasked with considering the evidence presented regarding the parties' relationship, including their financial, social, and household arrangements, and their commitment to each other.

The legal issues before the Tribunal were whether the parties met the criteria for a spousal relationship under section 5F of the *Migration Act 1958* (Cth) and regulation 1.15A of the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to determine if the parties were validly married, if they had a mutual commitment to a shared life as a married couple to the exclusion of all others, if their relationship was genuine and continuing, and if they lived together or did not live separately and apart on a permanent basis. The Tribunal was required to have regard to all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other.

The Tribunal accepted the oral evidence that the parties met in 2004 and maintained a long-distance relationship before the sponsor moved to Australia in 2010. They committed to a relationship in 2014, applied for a Prospective Marriage visa, and married in November 2015. The Tribunal found the marriage to be valid for the purposes of the Act. However, the decision notes that the Tribunal considered documents and oral evidence, and while the parties provided coherent evidence, the provided text does not detail the specific findings on all the criteria under regulation 1.15A(3). The Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, subclass 820, with the direction that the applicant met the criteria under cl 820.211 and cl 820.221 of Schedule 2 to the Regulations. This indicates that while the validity of the marriage was established, further consideration of other criteria for the visa was required.