Criteria: The ‘central criterion’ = ‘the visa applicant is the ‘spouse’ of the sponsoring partner as defined in s 5F(2) of the MA. (a) married under a marriage that is considered ‘valid’ un the MA. (b) ‘have a mutual commitment to a shared life as a married couple to the exclusion of all other. (c) […]

Genuine Student requirement The Genuine Temporary Entrant (GTE) requirement was replaced wth a Genuine Student (GS) requirement. effective on and after 23 March 2024. [ ] GS  does NOT apply to student visa applications lodged before 23 March 2024. All applicants for a student visa must be a genuine applicant for entry. They must stay as a […]

  Provision: Reg 2.03A    Criteria applicable to de facto partners (1)  ,,, if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed.  (2)  If a person mentioned in subregulation (1) applies for a visa:  (a)  the applicant is at least 18; and (b)  the person […]

  Practice Note: [ ] [Whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered] Arhbal v Minister for Immigration & Anor [2016] FCCA 1963 (15 August 2016)  http://www.austlii.edu.au/au/cases/cth/FCCA/2016/1963.html