Harrington (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant claimed to be the de facto partner of an Australian citizen sponsor. The central dispute was whether the parties were in a genuine and continuing de facto relationship at the time of the visa application and decision, as required by clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the parties met the definition of 'de facto partner' under section 5CB of the Migration Act 1958. This involved considering all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as outlined in regulation 1.09A(3). Specifically, the Tribunal had to assess evidence relating to joint ownership of assets, pooled financial resources, shared expenses, living arrangements, and the overall commitment to a shared life.

The Tribunal found that the parties demonstrated a mutual commitment to a shared life, evidenced by their joint purchase of a house, pooling of financial resources, sharing of day-to-day expenses, and knowledge of each other's financial affairs. They also lived together and were undertaking a joint financial commitment in building a home. Based on these findings, the Tribunal concluded that the parties met the criteria for a de facto relationship. The Tribunal remitted the application for reconsideration, directing that the applicant met the specified visa criteria.