Dinh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought review of a decision concerning their eligibility for the visa, specifically whether they were in a genuine de facto relationship with an Australian citizen. The Tribunal was required to consider various aspects of the relationship, including financial, household, social, and commitment elements, as well as the statutory 12-month requirement.

The primary legal issue before the Tribunal was to determine whether the applicant and their sponsor were in a genuine de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994 (Cth). This involved assessing all the circumstances of the relationship, including specific considerations such as financial aspects, the nature of the household, social interactions, and the commitment to each other. The Tribunal also had to consider whether the parties met the requirements of clauses 820.211 and 820.221 of Schedule 2 to the Regulations.

The Tribunal's reasoning involved a careful consideration of all the evidence presented, including statutory declarations, photographs, and documentary evidence relating to joint finances and living arrangements. It applied the principles outlined in Regulation 1.09A(3), which mandates consideration of financial, household, social aspects, and the nature of the commitment to each other. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met certain criteria for the visa. The final orders were that the application for the Partner (Temporary) (Class UK) visa be remitted to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and Regulation 2.03A.