Doskocilova (Migration)

This matter concerned an application for review of a decision regarding a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought to establish that she was the de facto partner of an Australian citizen. The core dispute revolved around whether the applicant and her sponsor were in a genuine and continuing de facto relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). The decision was made by P. Maishman of the Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a de facto relationship for the purposes of the visa application. This involved assessing whether they met the criteria outlined in section 5CB of the Act, which requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that they are not related by family. The Tribunal also had to consider all the circumstances of the relationship, including financial, household, and social aspects, as well as the nature of their commitment, as detailed in regulation 1.09A(3).

The Tribunal considered evidence relating to the financial aspects of the relationship, including a joint bank account used for household expenses and joint tenancy of residential premises since 2015. The parties had also declared each other as spouses on their income tax returns. The Tribunal noted that the decision had been made without hearing all necessary evidence. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the criteria for a Subclass 820 (Partner) visa, specifically clauses 820.211(2), 820.221(1) of Schedule 2 to the Regulations, and regulation 2.03A.