1700986 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who claimed to be the de facto partner of an Australian citizen sponsor. The core dispute revolved around whether the applicant and sponsor were in a genuine and continuing de facto relationship as defined by the Migration Act 1958 (Cth) and its associated regulations. The Tribunal was tasked with determining if the parties met the criteria for a de facto relationship, which requires a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, that the couple live together or do not live separately and apart on a permanent basis, and that they are not related by family.

The Tribunal was required to consider all circumstances of the relationship, including financial, social, and household aspects, as well as the parties' commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994. This involved assessing evidence presented by the applicant and sponsor, including their oral testimony, and material from the Department's file. The Tribunal also had regard to supporting statements from family and friends, and evidence of the parties supporting each other through periods of hardship. The Tribunal's assessment of the de facto relationship criteria was central to the decision.

The Tribunal found that the applicant met the criteria for a Subclass 820 visa, specifically clauses 820.211(2) and 820.221(1) of Schedule 2, and regulation 2.03A. Consequently, the Tribunal remitted the application for reconsideration with a direction that these criteria were met. The decision indicates that while the Tribunal considered the evidence regarding the de facto relationship, the ultimate outcome was a remittal for further consideration of other visa criteria, suggesting that the primary issue of the de facto relationship was resolved in favour of the applicant.