1513464 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, specifically a Subclass 820 visa. The applicant, represented by a registered migration agent, sought review of a decision. The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly concerning their status as the de facto partner of an Australian citizen at the time of application.

The primary legal issue before the Tribunal was whether the applicant was the de facto partner of an Australian citizen as defined by section 5CB of the Migration Act 1958 (Cth) at the time the visa application was made on 15 October 2014. This definition requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. The Tribunal was also required to consider the factors outlined in regulation 1.09A(3), including financial and social aspects, the nature of the household, and the commitment to each other.

In reaching its decision, the Tribunal considered evidence relating to the financial and household aspects of the relationship. It noted the existence of a joint bank account opened prior to the application date, which was genuinely and regularly used for domestic transactions, demonstrating a pooling of financial resources. Mortgage and utility payments were met from this account before the application date. The Tribunal also took into account evidence of cohabitation and shared living arrangements, including moving homes together, and the joint meeting of household expenses. Based on this evidence, the Tribunal was satisfied that the couple were not related by family and were not married, and that they were in a de facto relationship at the time of application.

The Tribunal remitted the application to the Department with directions that the applicant met the criteria specified in clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A of the Regulations.