Clarke (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant claimed to be the de facto partner of the sponsoring Australian citizen. The Tribunal was required to determine whether the parties were in a de facto relationship at the time of the application and at the time of the decision, as defined by section 5CB of the Migration Act 1958 (Cth).

The Tribunal considered the legal issues arising from clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994, which require the applicant to be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. As the parties were not married at the time of the application, the focus was on satisfying the criteria for a de facto relationship. This involved assessing all circumstances of the relationship, including financial aspects, the nature of the household, and the parties' commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal found that the extensive material provided indicated the parties were in a de facto relationship at the time of the application and continued to be so at the time of the decision. This conclusion was based on evidence of shared income for household expenses, living together, making joint plans for their financial future including property purchase and wills, and sharing responsibilities for household maintenance and cooking. The Tribunal noted that the parties had since married, satisfying the spouse criteria as well. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the visa.