Carrion Manrique (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that they were the de facto partner of the sponsor at the time of application and the spouse of the sponsor at the time of decision. The Tribunal was required to consider the evidence presented by the applicant and the sponsor, as well as the concerns raised by the Department of Immigration in its primary decision.

The central legal issues before the Tribunal were whether the applicant was the de facto partner of the sponsor as defined by section 5CB of the Migration Act 1958 (Cth) and regulation 1.09A of the Migration Regulations 1994 (Cth) at the time of application, and whether the applicant was the spouse of the sponsor as defined by section 5F and regulation 1.15A at the time of decision. In determining whether the parties were in a de facto relationship, the Tribunal was mandated to consider all circumstances, including the financial and social aspects of the relationship, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal found the applicant, sponsor, and a witness to be credible, presenting detailed and consistent evidence. While acknowledging the delegate's prior concerns, the Tribunal was satisfied that the explanations provided by the applicant and sponsor regarding the limited evidence of financial pooling and social life were genuine and plausible. The Tribunal considered the financial aspects, the nature of the household, the social aspects, and the nature of the parties' commitment to each other.

Ultimately, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, to the Minister for reconsideration. The Tribunal directed that the applicant met the criteria specified in clauses 820.211(2)(a) and 820.221(1) of Schedule 2 to the Regulations, and regulation 2.03A.