2110261 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa. The core of the dispute revolved around whether the applicant and their sponsor were in a genuine and continuing de facto relationship, demonstrating a mutual commitment to a shared life to the exclusion of all others, as required by migration law. The decision was made by Anne Grant, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and the sponsor were in a de facto relationship at the time of the visa application and at the time of the Tribunal's decision. This required the Tribunal to consider the definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth), which includes having a mutual commitment to a shared life to the exclusion of all others, the relationship being genuine and continuing, the couple living together (or not living separately and apart on a permanent basis), and not being related by family. The Tribunal was also required to consider all the circumstances of the relationship, including the financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal reasoned that the evidence presented, including statements from the applicant, sponsor, and their families, along with financial documents such as joint bank accounts and rental agreements, strongly indicated a genuine and continuing de facto relationship. The Tribunal noted the pooling of financial resources, shared responsibility for household expenses, and mutual care and support provided by the parties. The Tribunal found that the evidence, particularly concerning the financial aspects and the nature of the household, weighed heavily in favour of the existence of a long and enduring relationship. The Tribunal concluded that the applicant and sponsor had shared a home together, arranged their personal affairs with each other in mind, and provided each other with care and support, suggesting an ongoing and genuine relationship.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa, specifically clauses 820.211(2)(b) and 820.221(1)(a) of Schedule 2 to the Regulations, and regulation 2.03A.