1914124 (MIGRATION)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by a citizen of the Philippines. The applicant sought review of a decision that had not been favourable. The applicant's sponsor, an Australian citizen, had passed away after the application was lodged. The central dispute revolved around whether the applicant met the criteria for a genuine and continuing relationship and had established sufficient ties in Australia, as required by the Migration Regulations 1994.

The court was required to determine whether the applicant met the requirements of clause 820.221(2) of Schedule 2 to the Migration Regulations 1994, specifically concerning the establishment of close business, cultural, or personal ties in Australia. The court also considered the definition of a de facto partner under section 5CB of the Migration Act 1958 and the factors to be taken into account under regulation 1.09A(3) of the Migration Regulations 1994, including financial, household, social aspects, and the nature of the commitment to each other. The court also had to assess the weight to be given to an anonymous allegation received by the department concerning the applicant's marital status and family in the Philippines.

The Tribunal found that the applicant had a registered relationship with the sponsor and that the relationship was genuine and continuing. It gave no weight to the anonymous adverse allegation, as it was unsubstantiated and denied by the applicant and her mother. While acknowledging the delegate's finding that the applicant would have continued to be the de facto partner had the sponsor not passed away, the Tribunal conducted its own assessment of the totality of the criteria. The Tribunal considered the limited but compelling evidence of the applicant's ties to Australia, including her length of residence, work, and a continuing supportive relationship with the sponsor's adult children.

The Tribunal remitted the application for reconsideration, directing that the applicant met specific criteria for the Subclass 820 (Partner) visa, including clauses 820.211(2)(a), 820.221(2)(a), 820.221(2)(b), and 820.221(2)(c), as well as regulation 2.03A.