1. The issue in the present case is whether at the time of application and at the time of this decision the applicant was in a spouse or de facto relationship with the sponsor.

Whether the parties are in a spouse or de facto relationship

1. Clause 309.211(2) requires that, at the time the visa application was made, the applicant is the spouse or de facto partner of an Australian citizen or Australian permanent resident or an eligible New Zealand citizen. The applicant must continue to be the spouse or de facto partner at the time of the Tribunal's decision unless the applicant meets the requirements of cl 309.221(2) or (3): cl 309.221.
2. In the present case the applicant claims to be the partner of the sponsor who is an Australian citizen.

1. If the parties are validly married, they may meet the requirements of a married relationship, but not a de facto relationship.
2. In the circumstances of this matter, the parties claim to have held a marriage ceremony on 19 October 2022. A marriage certificate issued by the Republic of Lebanon, Ministry of Interior and Municipalities, General Directorate of Personal Status Department shows that the marriage was registered on 20 October 2020, but not executed until 24 October 2022.
3. To determine whether a marriage is valid for the purpose of the Migration Act 1958 (Cth) (the Act), consideration must be given to the Marriage Act 1961 (Cth), which is largely incorporated into the Act for this purpose by s 12. For a person to be party to a marriage with a person, he or she must not be lawfully married to someone else.[8] If someone enters into a marriage while still lawfully married to another person, the new marriage will either be considered void or not be recognised in Australia as valid.[9] If a party has been validly and legally married to someone else, this earlier marriage can only be legally ended by the divorce or death of the previous spouse.[10] Generally, a foreign divorce is recognised as valid in Australia if it is a valid divorce under the law of that foreign country where the divorce was effected.[11]
4. Whereas the sponsor contends he separated from his first wife in September 2017, 7 December 2022 is the date on which a divorce certificate was registered with the Republic of Lebanon, Ministry of Interior and Municipalities, General Directorate of Civil Status Records. Further to this, the divorce certificate was not executed until 27 July 2023. By way of explanation, the representative contends that the registration of the divorce was carried out by the sponsor's brother and the process was delayed due to the inaccessibility of the Court in Lebanon due to the ongoing challenging circumstances there.
5. Notwithstanding the difficult circumstances in Lebanon in recent years, at the time the sponsor married the applicant he was a party to a marriage with another person and that marriage was recognised in Australia as valid. Consequently, the sponsor's marriage to the applicant is not a marriage that is valid for the purposes of the Migration Act.
6. As the sponsor was still legally married to his previous spouse when he married the applicant, they do not meet the definition of 'spouse' under section 5F, and therefore the Tribunal has assessed whether the applicant is the 'de facto partner' of the sponsor as defined under section 5CB of the Act.

1. 'De facto partner' is defined in s 5CB of the Act, which provides that a person is in a de facto relationship with another person to whom they are not married if they have a mutual commitment to a shared life to the exclusion of all others, the relationship is genuine and continuing, the couple live together, or do not live separately and apart on a permanent basis, and the couple are not related by family: s 5CB(2).
2. In forming an opinion whether they are in a de facto relationship, consideration must be given to all of the circumstances of the relationship. This includes evidence of the financial and social aspects and the nature of the applicant's and sponsor's household and their commitment to each other as set out in reg 1.09A(3) which is attached to this decision. Each of the specific matters contained in reg 1.09A(3) is effectively a question which must be answered: He v MIBP [2017] FCAFC 206.

1. In undertaking its own review of the available information, the Tribunal has considered the financial aspects of the relationship, including joint ownership of assets; joint liabilities; extent of pooling of financial resources; any legal obligations owed to the other party; and any sharing of day-to-day household expenses.
2. There is no indication the parties jointly own property or other significant financial assets, or that they have shared liabilities. Given they reside in different countries and the applicant's circumstances in Lebanon, the Tribunal considers this to neither unusual, nor untoward.
3. Documentation provided in association with the visa application and review show that the sponsor has remitted funds to the applicant on a regular basis, towards the costs of her living expenses and for gifts. The evidence satisfies the Tribunal that the sponsor has provided financial support to the applicant on a monthly basis since at least February 2022.
4. There is evidence of legal obligations between the parties, with the sponsor on 11 November 2022 appointing the applicant as his attorney to act on his behalf.[12]
5. In the particular circumstances of this case, the Tribunal is satisfied the sponsor has provided consistent financial support to the applicant in a manner consistent with a couple in a genuine de facto relationship. The Tribunal finds that the financial aspects of the relationship support a finding that the parties have a mutual commitment to a shared life together. The Tribunal has given weight to this aspect of the parties' relationship.

1. In undertaking its own review of the available information, the Tribunal has considered the nature of the household, including: any joint responsibility for the care and support of children; the parties' living arrangements; and any sharing of housework.
2. The parties do not share joint responsibility for the care and support of a child.
3. As to their living arrangements, the applicant currently resides with her family in Beirut, Lebanon and the sponsor resides in rental accommodation in Canterbury, NSW.
4. The parties claim that after their marriage[13] on 19 October 2022, the sponsor stayed with the applicant in Beirut for about 4 weeks until he returned to Australia on 17 November 2022. The sponsor's movement records which are available to the Tribunal are consistent with this contention. They also indicate the sponsor again travelled to the Middle east region between 2 April 2025 and 15 May 2025.
5. In considering the nature of the parties' household arrangements and in the particular circumstances of this case and in the context of their currently residing in different countries, supports a finding that they have a mutual commitment to a shared life together. The Tribunal has given positive weight to this aspect of the parties' relationship.

1. In undertaking its own review of the available information, the Tribunal has considered the social aspects of the relationship, including whether the parties represent themselves to other people as being in a spousal relationship with each other; the opinion of friends and acquaintances about the nature of the relationship; and any basis on which the persons plan and undertake joint social activities.
2. The parties' registration of a marriage after holding a wedding ceremony indicate they have presented as a couple in a committed relationship to both religious and civil authorities in Lebanon.
3. The evidence includes numerous witness support declarations which attest to the genuine nature of the parties' relationship. There are also photographs of the parties wedding ceremony in which they present as a couple in the presence of friends and relatives. The Tribunal is satisfied that photographs provided in association with the visa application review show credible evidence of the parties spending time as a couple in the company of other people in Lebanon.
4. On the basis of the evidence relevant to this relationship aspect the Tribunal is satisfied that the parties represent themselves as a couple in a genuine and continuing relationship and that their relationship status is recognised by their friends and families. The Tribunal is satisfied that social aspects of the parties' relationship support a finding that they have a mutual commitment to a shared life together. The Tribunal has given positive weight to this aspect of the parties' relationship.

The nature of the parties' commitment to each other

1. In undertaking its own review of the available information, the Tribunal has considered the nature of persons' commitment to each other, including: the duration of the relationship; the length of time they have lived together; the degree of companionship and emotional support they draw from each other; and whether they see the relationship as long-term.
2. The Tribunal finds that the parties met in person for the first time on 26 January 2022 and that they have had a commitment to a mutual commitment to a shared live together from at least the date of their wedding ceremony on 19 October 2022. Whilst they have had only intermittent direct contact with each other since that date, the Tribunal is satisfied the evidence shows that the parties communicate regularly by telephone and electronic mediums, and the Tribunal finds that the relationship of the applicant and sponsor can appropriately regarded as long term. The parties have resided together for only a brief period but in the particular circumstances of this case the Tribunal has not drawn an adverse inference from that factor. The Tribunal is satisfied the parties derive emotional support and companionship from their relationship, albeit in the context of their residing in different countries contrary to their wishes and stated intentions. The Tribunal is satisfied the parties both view their relationship as long term and the Tribunal has given weight to this factor and as well the duration of the relationship.

1. The Tribunal consider the evidence as to financial and social aspects of the parties' relationship, and the nature of their household arrangements are all indicative of a couple in a de facto relationship. The Tribunal is also satisfied the evidence before the Tribunal demonstrates applicant and sponsor had a commitment to each other and their relationship from around the time of application in August 2023 and at the time of this decision.
2. On the evidence and having considered all of the factors as set out in r. 1.09A(2) & r. 1.09A(3), the Tribunal is satisfied that the parties have a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing. Further the Tribunal is satisfied that the applicant and sponsor since their marriage[14] have lived together, albeit for brief a period of time, and do not live separately and apart on a permanent basis. Accordingly, and in the particular circumstances of this case, they meet the requirements of s 5CB(2)(a)-(c). The parties are also not related by family, therefore s 5CB(2)(d) is met.
3. On the basis of the above the Tribunal is satisfied that the requirements of s 5CB(2) are met at the time the visa application was made and at the time of this decision.
4. Therefore, the applicant meets cl 309.211 and cl 309.221.

Are the additional criteria for a de facto relationship met?

1. Persons claiming to be in a de facto relationship for a partner visa must also meet the additional criteria in reg 2.03A. Both members of the couple must be at least 18 years old: reg 2.03A(2). In this case, at the time of application, the applicant and the sponsor were at least 18 years old.
2. The applicant must have been in the de facto relationship for at least the 12 month period ending immediately before the date of the application: reg 2.03A(3). This requirement will not apply in limited circumstances, such as: where the de facto relationship has been registered under a relevant State or Territory law (for applications made on or after 9 November 2009); where the applicant can establish compelling and compassionate circumstances for the grant of the visa; or in certain circumstances where the sponsor held, holds or is applying for a permanent humanitarian visa.
3. There is no evidence that the relationship is registered under a relevant State or Territory law or that the sponsor held, holds or is applying for a permanent humanitarian visa, so they must meet the 12 month requirement.
4. In this matter the parties contend that they connected by social media in September 2020 and subsequently met in person for the first time on 26 January 2022. There is some confusion regarding the significance of 6 October 2022, with this date been referred to in different terms by the applicant and delegate. The Tribunal prefers the terminology in the relationship statements filed by the applicant and sponsor, where 6 October 2022 is referred to as the date upon which they became engaged. The parties, in their relationship statements indicate they were married on 19 October 2022. In her relationship statement the applicant states that she and the sponsor lived together in the same house until the sponsor returned to Australia on 16 November 2022.
5. The Tribunal accepts the timeline provided by the parties with respect to their relationship circumstances is plausible. In the circumstances of this case the Tribunal is satisfied that the date of their wedding, 19 October 2022 can be viewed as the date upon which they commenced a de facto relationship.
6. The applicant applied for the subclass 309 Partner visa on 18 August 2023. This date is less than 12 months after 19 October 2022. Accordingly, the Tribunal is not satisfied that the applicant had been in the de facto relationship for at least the 12 month period ending immediately before the date of the application.
7. Therefore, the issue before the Tribunal is whether the applicant can establish compelling and compassionate circumstances for the grant of the visa: reg 2.03A(3). The expression 'compelling and compassionate circumstances for the grant of the visa' is not defined in the legislation. Having regard to the ordinary meaning of the words, 'compassionate' suggests 'circumstances that invoke sympathy or pity.' 'Compelling' in its wide, ordinary meaning means 'forceful' and, therefore, convincing: see Paduano v MIMIA [2005] FCA 211.
8. Submissions filed by the applicant's representative in July 2025 contend that in the circumstance of the instability in Beirut, where the applicant resides, in and around July 2025 compelling and compassionate circumstances for the grant of the visa existed. The representative contended the extent of Israeli airstrikes across Lebanon during the latter part of 2024 created severe challenges, resulting in risk to the applicant's safety and wellbeing.
9. The Tribunal has reviewed documentation filed with the representative's submissions and also more recent country information. With respect to this more recent information, a DFAT Country Information Report[15] indicates that Lebanon's security situation remains volatile due to the ongoing Israel-Hizballah conflict and tensions with the Syrian Government. The Commonwealth Smartraveller website currently identifies Lebanon as a country which the Australian Government advises people not to travel to as a consequence of the retaliatory strikes that are occurring across the Middle East region following military strikes on Iran. With respect to the situation in Lebanon, the Smartraveller websites states, amongst other things:

The regional conflict is likely to escalate further. If you wish to leave Lebanon, don't wait until it's too late. If you can secure a flight out of Lebanon and it's safe to travel to the airport, leave now while commercial flights are available.

We raised our level of advice for Lebanon to do not travel on 28 February, due to the volatile security situation in the region and military strikes.

If you choose to stay in Lebanon, prioritise your safety. Monitor developments closely and follow local authorities' advice. Stay aware of your environment and avoid government, military or energy infrastructure, including oil production facilities. Avoid Israeli and US diplomatic missions and other locations associated with Israeli, Jewish and US interests.

Terrorism is a threat, including in Lebanon. Terrorist attacks could happen at any time or anywhere. Avoid possible targets including venues that draw in foreigners, tourists or crowds where possible. Maintain a high level of security awareness.

Avoid areas where military activity is ongoing or may occur. GPS signals may be blocked in parts of Lebanon.

There's ongoing armed conflict in southern Lebanon. Israeli forces occupy parts of the southern border. Tensions remain high in the surrounding region. Avoid areas of military conflict.

Demonstrations and protest activity may also occur, and local security situations could deteriorate with little notice. Large protests happen and can turn violent. Tear gas, water cannons and live ammunition may be used. Avoid large public gatherings. Avoid all demonstrations and protests.[16]

1. The Tribunal is satisfied the evidence before it is sufficient to establish the applicant and sponsor are in a genuine relationship and wish to have a future live together as a couple. The Tribunal is satisfied their intention is to, at least over the short to medium term, have this life together in Australia. On the basis of the current circumstances impacting Lebanon and the potential risks this creates for the applicant the Tribunal is satisfied that there are compelling and compassionate circumstances for the grant of the visa.
2. For these reasons, the Tribunal is satisfied that the applicant meets the additional criteria prescribed in reg 2.03A.
3. Given the findings above, the appropriate course is to set aside the decision under review and remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 309 visa.

1. The Tribunal sets aside the decision under review and remits the application for a Partner (Provisional) (Class UF) visa for reconsideration, in accordance with the order that the applicant meets the following criteria for a Subclass 309 (Partner (Provisional)) visa:
   • cl 309.211 of Schedule 2 to the Regulations
   • cl 309.221 of Schedule 2 to the Regulations
   • reg 2.03A

ATTACHMENT - Extract from Migration Regulations 1994

1.09A De facto partner and de facto relationship

(1) For subsection 5CB (3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB (2) (a), (b), (c) and (d) of the Act exist.

Note 1 See regulation 2.03A for the prescribed criteria applicable to de facto partners.

Note 2 The effect of subsection 5CB (1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.

Subsection 5CB (2) sets out conditions about whether a de facto relationship exists, and subsection 5CB (3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions exist.

(2) If the Minister is considering an application for:

(a) a Partner (Migrant) (Class BC) visa; or

(b) a Partner (Provisional) (Class UF) visa; or

(c) a Partner (Residence) (Class BS) visa; or

(d) a Partner (Temporary) (Class UK) visa;

the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).

(a) the financial aspects of the relationship, including:

(i) any joint ownership of real estate or other major assets; and

(ii) any joint liabilities; and

(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and

(iv) whether one person in the relationship owes any legal obligation in respect of the other; and

(v) the basis of any sharing of day‑to‑day household expenses; and

(b) the nature of the household, including:

(i) any joint responsibility for the care and support of children; and

(ii) the living arrangements of the persons; and

(iii) any sharing of the responsibility for housework; and

(c) the social aspects of the relationship, including:

(i) whether the persons represent themselves to other people as being in a de facto relationship with each other; and

(ii) the opinion of the persons' friends and acquaintances about the nature of the relationship; and

(iii) any basis on which the persons plan and undertake joint social activities; and

(d) the nature of the persons' commitment to each other, including:

(i) the duration of the relationship; and

(ii) the length of time during which the persons have lived together; and

(iii) the degree of companionship and emotional support that the persons draw from each other; and

(iv) whether the persons see the relationship as a long‑term one.

(4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).

[1] Sponsor written statement provided to Department of Home Affairs in association with visa application.

[2] Application for migration to Australia by a partner - generated 18 August 2023.

[3] Sponsor written statement provided to Department of Home Affairs in association with visa application.

[4] Applicant written statement provided to Department of Home Affairs in association with visa application.

[5] Application for migration to Australia by a partner - generated 18 August 2023.

[6] Sponsor written statement provided to Department of Home Affairs in association with visa application.

[7] Parties' marriage certificate provided to Department of Home Affairs in association with visa application.

[8] Marriage Act ss 23(1)(a), 23B(1)(a), 88D(2)(a).

[9] Marriage Act ss 23(1)(a), 23B(1)(a) for marriages solemnised in Australia. Section 88D(2)(a) of the Marriage Act for foreign marriages that are recognised under the local law where the marriage was solemnised.

[10] See The Laws of Australia [17.4.10]: Family Law > Divorce > Introduction> Definition (Thomson Reuters Westlaw AU).

[11] Family Law Act s 104(3). Note, however, that certain residency, domicile, nationality, natural justice and public policy requirements must be met before a foreign divorce can be recognised: Family Law Act ss 104(3)-(4).

[12] Republic of Lebanon - Ministry of Justice - Department of the Notary Public of Beirut - General Absolute & Comprehensive power of Attorney - executed on 11 November 2022.

[13] The Tribunal has used this terminology to reflect the parties' marriage, which whilst not valid for the purposes of the Act, is in the view of the Tribunal how the parties would conceptualise the nature of their relationship.

[14] The Tribunal has used this terminology to reflect the parties' marriage, which whilst not valid for the purposes of the Act, is in the view of the Tribunal how the parties would conceptualise the nature of their relationship.

[15] DFAT Country Information Report - Lebanon, 2 March 2026.

[16] https://www.smartraveller.gov.au/destinations/middle-east/lebanon