Deroover (Migration)

In *Deroover (Migration)*, the Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Ms Deroover, sought to have the refusal overturned, asserting that she was in a de facto relationship with her partner, the sponsor. The core of the dispute revolved around whether the relationship met the criteria for a genuine and continuing de facto partnership as required by the *Migration Regulations 1994* (Cth).

The Tribunal was tasked with determining whether Ms Deroover and her partner were in a de facto relationship at the time of the visa application, and if so, whether that relationship was genuine and continuing. This involved assessing the evidence presented to demonstrate the nature and extent of their commitment to each other, encompassing various aspects of their shared life and the duration of their relationship.

The Tribunal's reasoning focused on the comprehensive evidence submitted by the applicant, which aimed to establish the existence of a de facto relationship. This evidence was evaluated against the legislative requirements, considering factors such as the couple's shared living arrangements, financial interdependence, social presentation as a couple, and the nature of their commitment to a shared life. The Tribunal applied the principles established in migration law concerning the assessment of de facto relationships, emphasizing that a holistic approach is required, considering all relevant circumstances. The Tribunal found that the evidence sufficiently demonstrated a genuine and continuing de facto relationship.