Gilbert (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by a visa applicant claiming to be the de facto partner of an Australian citizen, the review applicant. The Tribunal was required to determine whether the visa applicant was the spouse or de facto partner of the review applicant at the time of application and at the time of the decision, as prescribed by clause 309.211 and subclause 309.221 of Schedule 2 to the Migration Regulations 1994.

The legal issue before the Tribunal was to assess the genuineness and ongoing nature of the de facto relationship between the applicant and the review applicant, considering all relevant circumstances as outlined in regulation 1.09AD of the Migration Regulations 1994. This included examining the financial, household, social aspects, and the nature of the commitment to each other within the relationship.

The Tribunal considered evidence on the Department's file, including a certified copy of the review applicant's Birth Certificate and a Change of Name Certificate. The Tribunal concluded that the visa applicant met certain criteria for a Subclass 309 visa, specifically clauses 309.211 and 309.221, and regulation 2.03A. However, the Tribunal found it appropriate to remit the application for reconsideration by the Minister to assess the remaining criteria for the visa.