Kaur (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that she was the de facto partner of an Australian citizen sponsor, as defined by section 5CB of the Migration Act 1958 (Cth). The Tribunal was required to consider all the circumstances of the relationship, including financial, household, social aspects, and the parties' commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship, meeting the criteria set out in section 5CB(2) of the Act. This involved assessing whether they had a mutual commitment to a shared life to the exclusion of all others, lived together or did not live separately and apart on a permanent basis, and were not related by family. The Tribunal had to weigh various pieces of evidence, including financial arrangements, living arrangements across different countries, and the overall commitment to their relationship.

The Tribunal's reasoning focused on the comprehensive assessment of the relationship under regulation 1.09A(3). While acknowledging some evidence of shared financial commitments, such as a joint bank account and tax documents, the Tribunal found insufficient evidence of joint ownership of major assets or a significant pooling of financial resources for major commitments. The Tribunal also considered the parties' living arrangements, which involved frequent international travel for employment, and their commitment to each other. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met certain criteria for the visa.