Choudhary (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr. Choudhary. The primary issue before the Tribunal was whether Mr. Choudhary and his sponsor, Ms. Nadeem, were in a registered de facto relationship as defined by the Migration Act 1994 (Cth) and the Migration Regulations 1994 (Cth). The Tribunal considered extensive financial records, photographic evidence, and oral testimony from the applicant, sponsor, and supporting witnesses.

The Tribunal was required to determine if the applicant and sponsor met the definition of a de facto relationship under section 5CB of the Act, which necessitates a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. In making this assessment, the Tribunal was mandated by regulation 1.09A to consider all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other.

The Tribunal found that the applicant and sponsor had provided consistent and truthful oral evidence, and that the extensive documentary evidence, particularly financial records, demonstrated a significant intertwining of their financial affairs since late 2013. This included joint ownership of assets and contributions to building a home. Adverse information received by the Department, attributed to opposition from some family members, was given no weight due to the overwhelming evidence supporting the genuineness of the relationship. The Tribunal concluded that the parties met all the criteria for a de facto relationship under section 5CB of the Act.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, with a direction that the applicant met the relevant criteria, including clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations, and regulation 2.03A.