Banga (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision concerning her eligibility for the visa, following the death of her sponsor. The dispute centred on whether the applicant had been in a de facto relationship with the deceased sponsor from the time of her visa application until his death.

The court was required to determine whether the applicant had established that she was in a de facto relationship with the sponsor, considering all the circumstances of their relationship. This involved assessing various factors including the financial aspects, the nature of their household, the social aspects, and the nature of their commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994.

The court found the evidence persuasive, particularly the sponsor's will, which bequeathed his entire estate, including a significant superannuation sum, to the applicant. This, along with the applicant's credible testimony regarding their living arrangements and the sponsor's financial support for her family, strongly indicated a deep commitment and a de facto relationship. The court also noted the applicant's close cultural ties to Australia and the absence of contestation from the sponsor's family regarding his will.

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa under clauses 820.211(2) and 820.221(2) of Schedule 2 of the Regulations.