1516332 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, where the applicant claimed to be the de facto partner of an Australian citizen sponsor. The central dispute before the Tribunal was whether the parties were in a de facto relationship at the time of the visa application and at the time of the decision, as required by clauses 820.211 and 820.221 of the Migration Regulations 1994.

The Tribunal was required to determine if the parties met the definition of "de facto partner" under section 5CB of the Migration Act 1958. This definition necessitates 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. In making this determination, the Tribunal was obliged to consider all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other, as further detailed in regulation 1.09A(3).

The Tribunal considered evidence relating to the financial aspects, noting joint rental premises and limited joint assets, which were consistent with the parties' ages and finances. Evidence of cohabitation and shared household duties dating back 12 months prior to the application was also considered, leading to a finding that the parties lived together. Furthermore, the Tribunal found evidence of social aspects, including recognition of the relationship by families and friends, declarations to government agencies, and joint travel and social activities. Based on these considerations, the Tribunal concluded that the application should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa with a direction that the applicant met the criteria for a Subclass 820 (Partner (Temporary)) visa, specifically clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.