1509770 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought to establish that they were in a genuine and continuing de facto relationship with their sponsor, an Australian permanent resident. The Tribunal was required to determine whether the applicant and sponsor met the criteria for a genuine and continuing de facto relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth).

The central legal issue before the Tribunal was whether the applicant and sponsor were in a genuine and continuing de facto relationship. This required consideration of all the circumstances of the relationship, including financial aspects, the nature of their household, social aspects, and their commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations. Specifically, the Tribunal had to assess the evidence presented regarding their shared accommodation, financial arrangements, and the duration of their relationship, particularly in light of contradictory evidence concerning the length of time they had lived together.

The Tribunal considered the evidence of shared financial arrangements, such as a joint bank account and utility bills, and accepted that the parties had demonstrated some sharing of day-to-day expenses. Similarly, evidence of shared accommodation was noted. However, the Tribunal found that the evidence regarding the duration of the relationship was contradictory, with the applicant's brother providing a shorter timeframe than claimed by the applicant and sponsor. This discrepancy, along with the limited insight into the nature of the relationship beyond shared living arrangements, led the Tribunal to conclude that the applicant had not satisfied the criteria for a genuine and continuing de facto relationship.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.