Fu (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa made by an applicant from Taiwan and sponsored by an Australian citizen. The central dispute concerned whether the applicant and sponsor were in a genuine de facto relationship that had been ongoing for at least 12 months prior to the visa application date, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship under section 5CB of the Migration Act 1958 and regulation 1.09A of the Migration Regulations 1994. This involved assessing all the circumstances of the relationship, including the financial and social aspects, the nature of their household, and their commitment to each other, to ascertain if they had a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, and if they lived together or did not live separately and apart on a permanent basis.

The Tribunal considered evidence regarding the parties' financial arrangements, noting that while they did not hold joint bank accounts, they freely transferred funds and shared day-to-day expenses, with the sponsor paying rent and the applicant covering groceries and cooking. The Tribunal also considered the social aspects and the nature of their household, finding the relationship to be genuine and continuing for over 12 months. Based on its findings, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the specified criteria for the Subclass 820 visa.