Bury (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the de facto partner of an Australian citizen. The Tribunal was required to review a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Partner (Temporary) (Class UK) visa, specifically whether the applicant and the sponsor were in a genuine and continuing de facto relationship. This involved considering the definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth) and the additional criteria prescribed by regulation 2.03A of the Migration Regulations 1994 (Cth), including the matters set out in regulation 1.09A(3).

The Tribunal found that while the delegate had considered some aspects of the applicant's eligibility, they had not made findings on all relevant criteria. For the purposes of its review, the Tribunal focused on whether the parties met the definition of a de facto relationship. The Tribunal noted that while the parties were over 18 and the sponsor was an Australian citizen, the applicant had not provided sufficient evidence to demonstrate a genuine and continuing de facto relationship. Specifically, the Tribunal highlighted a lack of evidence regarding the financial aspects of the relationship since 2022, and no evidence of current living arrangements. The Tribunal concluded that the financial aspects of the relationship did not support the claim of a genuine and continuing relationship, and that the applicant had not provided sufficient evidence of a genuine long-term spousal relationship.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant did not satisfy the criteria for the grant of the visa.