Gamain (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought to establish that they were in a de facto relationship with the sponsoring partner, an Australian citizen, at the time of the decision. The Tribunal was required to determine 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 the sponsor were in a genuine and continuing de facto relationship, specifically addressing the criterion that they "live together, or do not live separately and apart on a permanent basis." The Tribunal also had to consider all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal noted that the sponsor stayed at her parents' apartment during weekdays to pursue studies, which was not intended to be a permanent arrangement, and spent weekends with the applicant. The parties shared household and other expenses, although they did not have joint bank accounts or utility accounts. The applicant resided in caravans on a farm in exchange for labour, while the sponsor lived in her parents' apartment without paying rent. The Tribunal concluded that the evidence regarding the living arrangements and financial aspects required further consideration. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under cl.801.221(2) of Schedule 2 to the Regulations and r.2.03A.