1513037 (Migration)

This matter concerned an appeal by an applicant, a Canadian national, against a decision not to grant her a Partner (Temporary) (Class UK) visa. The applicant claimed to be the de facto partner of an Australian citizen. The core of the dispute was whether the relationship between the applicant and the sponsor met the definition of a ‘de facto partner’ as defined in section 5CB of the Migration Act 1958 (Cth), and if so, whether this relationship had existed for the required 12-month period prior to the visa application.

The Tribunal was required to determine if the applicant and the sponsor were in a de facto relationship, considering all the circumstances, including the financial and social aspects of their relationship, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether they 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 considered evidence including a joint statutory declaration, bank statements, and various expense invoices. While the parties stated they shared living expenses informally, took turns buying food, and had a common savings account for future travel, the Tribunal was not satisfied that the applicant met the additional criteria prescribed in regulation 2.03A. Consequently, the Tribunal affirmed the decision not to grant the visa, finding that the applicant did not satisfy the criteria for its grant.