Booras (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Ms Elsa Marie Booras, sponsored by Mr Adi Joseph Zayon. The dispute before the Administrative Appeals Tribunal (AAT) involved the assessment of whether the parties had a genuine and continuing de facto relationship, as required for the visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 820 visa, specifically concerning the genuineness and continuation of her relationship with the sponsor. This involved considering various aspects of their relationship, including financial arrangements, household matters, social presentation, and their commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994.

The Tribunal's reasoning focused on the evidence presented regarding the financial aspects of the relationship, including the establishment and use of a joint bank account for household expenses and pet care, and the shared responsibility for their pet dog. While acknowledging the registered relationship and evidence of joint travel and social media presence, the Tribunal found that further consideration of the financial pooling and sharing of day-to-day expenses was necessary. The Tribunal applied the principles set out in regulation 1.09A, which mandates consideration of financial, household, social, and commitment aspects of a relationship for partner visa applications.

Ultimately, the Tribunal remitted the application for the visa to the Minister with a direction that the applicant met certain criteria, including those under cl 820.211 and cl 820.221(1) of Schedule 2 to the Regulations, and regulation 2.03A. This indicated that while some criteria were met, the assessment of the relationship's genuineness and continuation required further evaluation by the Department.