Zhu (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be the spouse of the sponsor, an Australian citizen. The primary dispute before the Tribunal was whether the parties were in a genuine and continuing spousal relationship, as defined by section 5F of the Migration Act 1958 (Cth) and relevant regulations.

The legal issues before the Tribunal were whether the applicant and sponsor were in a valid marriage and, if so, whether they met the further requirements for a spousal relationship under the Act and regulations. Specifically, the Tribunal had to consider the financial aspects, the nature of the household, the social aspects, and the nature of the parties' commitment to each other, as outlined in regulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal was satisfied that the parties were validly married in Melbourne on 13 July 2015, and that both were legally divorced at the time of the marriage. The Tribunal also accepted that the parties had resided together at the sponsor's rented unit since 20 March 2015 and had developed a vegetable garden at the premises. However, the Tribunal concluded that further consideration of the remaining criteria for the visa was necessary.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The direction was that the applicant met the criteria specified in clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations.