A recent judgement was handed down on 23rd January 2018 by the Federal Circuit Court which set aside a decision of the Administrative Appeals Tribunal (AAT) affirming the refusal of a Subclass 309 visa to a man from Macedonia.
This means the case has to go back to the Department and re assessed but cannot be refused on this basis again.
78. I would add that the Tribunal in this case seems to have considered that a
relationship can only satisfy the definition of a married relationship if it is based
on Western notions of romantic love. Obviously, there are millions of people
around the world who are in arranged and other marriages that are genuine and
continuing, but which are not based on romantic love.
79.The Tribunal also seems in this case to have considered that a married
relationship is genuine and continuing only if it accords with an inner
suburban, middle class aspiration of equality and sharing of financial and
other information. However, obviously, most genuine marriages around the
world to this day have an enormous power imbalance and many genuine
marriages, even in Australia, do not involve a complete sharing of financial
and other information. That is apparent from sitting in the family law
jurisdiction of this court.