COLANTONI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Ms Colantoni, an Italian national, who claimed to be the de facto partner of an Australian permanent resident. The dispute before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship as defined by section 5CB of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant and the sponsor met the criteria for a de facto relationship under section 5CB of the *Migration Act 1958* (Cth) and regulation 1.09A of the *Migration Regulations 1994* (Cth). This involved considering all the circumstances of the relationship, including financial aspects, the nature of their household, social aspects, and their commitment to each other. Specifically, the Tribunal had to assess the extent of their pooling of finances, their living arrangements, how they represented their relationship to others, and the duration and nature of their commitment.

The Tribunal found that while the parties were not married, they were not related by family. In assessing the financial aspects, the Tribunal noted the existence of a joint bank account used for day-to-day expenses and household bills, into which the applicant’s income was deposited. However, there was limited evidence of pooling of significant financial resources, joint ownership of assets, or joint liabilities, although the sponsor owned the home. The Tribunal placed moderate weight on this aspect, accepting that some finances were pooled for household expenses. The Tribunal also considered the nature of the household and social aspects, noting the parties resided together and engaged in regular social activities, and that the applicant provided emotional support.

Given the findings, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria for the subclass 820 visa.