Amritpal (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), by an applicant claiming to be the de facto partner of an Australian citizen sponsor. The core dispute before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship, as defined by the Migration Act 1994 and the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 801 visa, specifically whether they were the de facto partner of the sponsor at the time of the decision. This required the Tribunal to consider all the 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) of the Migration Regulations.

The Tribunal considered evidence relating to the parties' financial arrangements, including separate and joint bank accounts, pooling of resources for holidays and shared expenses, and plans for future financial commitments such as a wedding. The Tribunal also examined the nature of their household, noting shared responsibilities for cooking, cleaning, and household chores. Evidence of joint social activities and future travel plans, such as visiting family overseas and celebrating Christmas together, was also considered as indicative of their commitment. The Tribunal concluded that the evidence presented demonstrated a genuine and continuing de facto relationship.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the relevant criteria for a Subclass 801 visa, specifically clauses 801.211 and 801.221 of Schedule 2 to the Regulations, and regulation 2.03A.