Arsouze (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801. The applicant sought to establish that they were the de facto partner of the sponsor, an Australian citizen, as required by the Migration Regulations 1994. The Tribunal was tasked with determining whether the applicant met the criteria for this visa subclass.

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. This definition requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. In assessing this, the Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal considered evidence including the oral testimony of the applicant, the sponsor, and three witnesses, finding their evidence to be detailed, consistent, and credible. Documentary and photographic evidence was also reviewed. The Tribunal concluded that the applicant was indeed the de facto partner of the sponsor, satisfying the criteria under clause 801.221(2)(c) and regulation 2.03A.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified criteria for the Subclass 801 visa.