GAI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought to establish that they were in a genuine de facto relationship with their sponsoring partner, who was an Australian permanent resident. The Tribunal was required to consider whether the parties met the criteria for a de facto relationship, as defined by the Migration Act 1994 (Cth) and the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the applicant and their sponsor were in a de facto relationship for the purposes of the Act. This required an assessment of whether they had a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, whether they lived together, and whether they were not related by family. The Tribunal also considered the specific matters outlined in regulation 1.09A(3) of the Migration Regulations, which include the financial aspects, nature of the household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal reasoned that while the parties were validly married, the assessment for a de facto relationship under s 5CB of the Act and the associated regulations required a comprehensive consideration of all circumstances. The Tribunal noted that the parties had registered a business together, had mutual knowledge of each other’s financial circumstances, were living together, and shared the care of the applicant’s daughter. These factors, among others, were considered in light of the criteria for a de facto relationship. The Tribunal concluded that the applicant met certain criteria for the visa, specifically clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.

Consequently, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas for reconsideration. The direction was that the first named applicant met the specified criteria for a Subclass 820 (Partner) visa, and the matter was to be considered further by the Minister.