HSU (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), brought by Mr. Hsu against the Minister for Immigration. The central dispute was whether Mr. Hsu was the de facto partner of the sponsor, Ms. Choo, as defined by section 5B of the Migration Act 1958 (Cth). The Tribunal considered evidence submitted by the applicant, including joint financial accounts, a joint car purchase, and statements from family and friends, alongside information from the Department of Immigration.

The primary legal issue before the Tribunal was to determine if the applicant, Mr. Hsu, met the definition of a de facto partner under section 5CB of the Act. This required assessing whether the parties had a mutual commitment to a shared life to the exclusion of all others, that their relationship was genuine and continuing, that they lived together or did not live separately and apart on a permanent basis, and that they were not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal found that the sponsor, Ms. Choo, was an Australian permanent resident. However, it concluded that the matter should be remitted for reconsideration, directing that the applicant met the specified criteria for a Subclass 820 visa. This indicated that while the sponsor's residency was established, the assessment of the de facto relationship required further consideration by the Minister.