Jumawan (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant claimed to be in a de facto relationship with an Australian citizen sponsor. The central dispute revolved around whether the applicant and sponsor were in a genuine de facto relationship at the time of the application and decision, and for the 12 months prior to the application date, as required by the Migration Regulations 1994. The decision was made by Adrienne Millbank.

The legal issues before the Tribunal were whether the applicant and sponsor met the criteria for a de facto relationship under section 5CB of the Migration Act 1958 and regulation 1.09A of the Migration Regulations 1994. Specifically, the Tribunal had to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other, to determine if they had a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, and if they lived together.

The Tribunal reasoned that while the parties had a joint bank account, it was largely unused. The sponsor provided financial support for household expenses, while the applicant used her earnings for personal expenses and to support her dependents in the Philippines. The Tribunal noted the applicant's determination to support her children independently and her refusal to live with the sponsor until 2015. Evidence of communication with the applicant's family via Skype and supporting statements from friends and family were considered. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met certain criteria for a Subclass 820 (Partner (Temporary)) visa.