1713536 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa. The applicant sought to establish that they were the de facto partner of an Australian citizen sponsor, a requirement for the visa. The Tribunal was tasked with determining whether the applicant met the criteria for a Subclass 820 (Partner) visa, specifically focusing on the existence of a de facto relationship at the time of application and at the time of the decision.

The central legal issue before the Tribunal was whether the applicant and the sponsor were in a de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth) and elaborated upon in regulation 1.09A of the Migration Regulations 1994 (Cth). This required the Tribunal to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as outlined in regulation 1.09A(3). The Tribunal also had to consider whether the applicant met the criteria under clause 820.211(1) and clause 820.221(1)(a) of Schedule 2 to the Regulations.

The Tribunal's reasoning involved a detailed assessment of the evidence presented regarding the financial aspects of the relationship. While there was no joint ownership of real estate or major assets, the parties maintained a joint savings account and had no joint liabilities. Evidence was also considered regarding the nomination of the applicant as a beneficiary of the sponsor's superannuation. The Tribunal noted that each specific matter contained within regulation 1.09A(3) required an answer, referencing the principles established in *He v MIBP* [2017] FCAFC 206.

Ultimately, the Tribunal remitted the application for a Subclass 820 (Partner) visa to the Minister. This was with a direction that the applicant met the criteria under clause 820.211(1), clause 820.221(1)(a), and regulation 2.03A of the Regulations, indicating that further consideration of the remaining visa criteria was necessary.