1917422 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a citizen of the United Kingdom, sought to demonstrate a genuine and ongoing spousal relationship with his sponsor, an Australian citizen. The core of the dispute revolved around whether the parties met the criteria for a de facto relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), particularly concerning their cohabitation and the nature of their commitment to each other.

The Tribunal was required to determine if the applicant and his sponsor were in a genuine and continuing de facto relationship, and if they had been in such a relationship for at least 12 months prior to the visa application. This involved assessing various aspects of their relationship, including financial and household arrangements, social interactions, and the overall nature of their commitment to each other, as stipulated by regulation 1.09A(3) of the Migration Regulations. The Tribunal also had to consider whether the parties met the requirements of clauses 820.211 and 820.221 of Schedule 2 to the Regulations.

In its reasoning, the Tribunal acknowledged the significant amount of compelling evidence submitted by the parties, including statutory declarations, cohabitation evidence, financial records, and photographs, which had been provided since the initial delegate's decision. The Tribunal applied the principles outlined in s 5CB of the Act and regulation 1.09A(3), which mandate consideration of all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment. Given the evidence presented and the applicable legal framework, the Tribunal concluded that the matter should be remitted for reconsideration.

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