1617522 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an applicant claiming to be the de facto partner of an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994 (Cth).

The central legal issue was whether the applicant and the sponsor met the criteria for a de facto relationship at the time of the visa application and at the time of the decision. This required consideration of all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the parties' commitment to each other, as outlined in Regulation 1.09A(3). The Tribunal had to assess evidence relating to joint assets, household duties, companionship, emotional support, and mutual commitment to the exclusion of others.

The Tribunal considered the evidence presented, including the parties' meeting in 2013, the applicant's background and vulnerability upon arrival in Australia, and the sponsor's supportive role. It noted the cultural and familial challenges faced by both parties in acknowledging their relationship. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and Regulation 2.03A.