Frezik Rozman (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning her eligibility for the visa, which required her to demonstrate she was in a de facto relationship with an Australian citizen. The Tribunal considered the evidence presented, including oral testimony from the applicant and her sponsor, Mr Nikola Brajkovic.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship at the time of the visa application and at the time of the decision, as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994. This involved assessing various aspects of their relationship, including financial contributions, the nature of their household, social interactions, and their commitment to each other.

The Tribunal applied a flexible approach to assessing the financial aspects of the relationship, acknowledging that a lack of joint ownership of major assets or liabilities did not preclude a finding of a de facto relationship. It noted the existence of joint bank accounts, the sponsor's initial payment of all expenses, the applicant's contribution from her share in a family business and blueberry farm, and their mutual nomination as superannuation beneficiaries. The Tribunal also considered the practicalities of their living arrangements, including the sponsor's ownership of the home and the applicant's contribution to household expenses, noting that bills were paid by whoever had them. The Tribunal concluded that while some criteria were met, the matter should be remitted for reconsideration of the remaining criteria for the Subclass 820 visa.