1505345 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, where the applicant claimed to be the de facto partner of the sponsoring Australian citizen. The Tribunal was required to determine whether the applicant and the sponsor were in a de facto relationship for the purposes of the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth).

The central legal issue was whether the applicant met the criteria for a de facto relationship as defined by section 5CB of the Act and elaborated in regulation 1.09A of the *Migration Regulations 1994*. This required consideration of all circumstances, including financial and social aspects, the nature of the household, and the commitment to each other. Specifically, the Tribunal had to assess if the parties had a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, if they lived together or did not live separately and apart on a permanent basis, and if they were not related by family.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant had not satisfied the criteria for a de facto relationship. While the Tribunal accepted the sponsor was the sponsoring partner and gave some weight to witness statements regarding social recognition, it found insufficient evidence to establish a genuine and continuing de facto relationship. The applicant's claim of living separately since July 2014 to save for a house was unsubstantiated by any evidence of savings, joint plans, or current cohabitation. Furthermore, the applicant's statement of separate finances, despite sharing living expenses, and lack of knowledge of the sponsor's financial circumstances, did not demonstrate the necessary pooling of resources or commitment. The Tribunal concluded that the evidence did not support a finding that the parties lived together or did not live separately and apart on a permanent basis, nor did it sufficiently demonstrate a mutual commitment to a shared life.