KHAN (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought to establish that they were in a de facto relationship with the sponsor, an Australian citizen, for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the existence of a genuine and continuing de facto relationship.

The central legal issue before the Tribunal was whether the applicant and the sponsor were in a de facto relationship as defined by section 5CB of the Act, and consequently, whether they met the requirements of clause 801.221(2)(c) of Schedule 2 to the Regulations. This required an assessment of all the 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).

The Tribunal considered evidence relating to the financial aspects of the relationship, including joint bank accounts, a joint trading account, shared household bills, and the pooling of financial resources for weekly expenses. It also noted the living arrangements, where the couple shared a household with the applicant's brother and his family, and the division of household expenses. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant met the criteria under clause 801.221(2) and regulation 2.03A.