Boland (Migration)

This matter concerned an appeal by an applicant against the Minister's refusal to grant a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought merits review of the decision before the tribunal.

The primary legal issues before the tribunal were whether the applicant met the criteria for the grant of the visa, specifically in relation to demonstrating a de facto relationship of 12 months prior to the visa lodgement, and whether the parties were over 18 years of age at the time of application. The tribunal was required to consider the evidence presented, including a relationship certificate lodged after the initial refusal, and determine if the applicant now satisfied the relevant regulations.

The tribunal found that the provision of a relationship certificate, which recognised the parties' de facto relationship under Australian State law, satisfied Regulation 2.03A(5) of the Migration Regulations 1994. This meant that the stipulations under Regulation 2.03A no longer prevented the applicant from meeting the visa criteria. Coupled with the fact that both parties were over 18 at the time of application, the tribunal was satisfied that the applicant met the requirements of Regulation 2.03A for the purposes of clause 820.211(2). Furthermore, the tribunal was satisfied that the applicant was the de facto partner of her sponsor at the time of application, meeting the requirements of clause 820.221(2). Additional evidence, including the parties' engagement, ongoing cohabitation, and corroborating testimony from family members, further supported the applicant's claims and demonstrated satisfaction of section 5CB(2) at the time of the tribunal's decision.

Given these findings, the tribunal remitted the application for the visa to the Minister for consideration of the remaining criteria for a Subclass 820 visa.