Decap (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), brought by an applicant who claimed to have been in a de facto relationship with the sponsor since 19 December 2014. The core dispute revolved around whether the parties met the legislative requirements for a de facto relationship for at least 12 months prior to the application date of 15 October 2015, and whether the applicant satisfied the criteria under clause 820.211(1)(b) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine the existence of a de facto relationship as defined by section 5CB of the Act, considering the financial, household, social aspects, and the nature of the commitment between the parties, as further elaborated in regulation 1.09A.

The Tribunal was tasked with assessing whether the parties were in a de facto relationship at the date of application and, if so, whether this relationship had existed for the requisite 12-month period, unless specific exceptions applied. The court noted that a subsequent valid marriage was not an exception to the 12-month requirement, although the valid registration of a relationship was. The Tribunal also had to consider the minimum age requirement for both the applicant and sponsor, which was met, and whether the applicant satisfied at least one of the subclauses under clause 820.211(1)(b), specifically focusing on subclause (2) concerning the financial, household, social aspects, and the nature of the commitment.

The Tribunal found that the applicant may meet subclause 820.211(2) but did not meet other specified subclauses. It was satisfied that both parties were over 18 years of age at the time of application. The Tribunal concluded that the application should be remitted for reconsideration by the Minister, with a direction that the applicant meets the specified criteria for the Subclass 820 visa, implying that further assessment of the remaining criteria was necessary.