IACONA (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be the de facto partner of an Australian citizen. The primary issue before the Tribunal was whether the applicant met the criteria for a de facto relationship as defined by the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth), specifically whether the parties had a mutual commitment to a shared life, that the relationship was genuine and continuing, and that they lived together.

The Tribunal was required to determine if the parties were in a de facto relationship for the purposes of the Act, considering all circumstances including financial and social aspects, and the nature of their household, as outlined in regulation 1.09A(3). This involved 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 found that the financial aspects of the relationship supported a finding that the parties were living together and in a genuine and continuing relationship, noting the sponsor’s financial dependence on the applicant and the applicant's consistent meeting of household expenses. The Tribunal also found that the parties lived together in a shared residence and provided consistent information regarding their domestic arrangements, including sharing housework. Based on these findings, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under cl.820.211(2), cl.820.221, and r.2.03A of the *Migration Regulations 1994*.