Kitada (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Ms Kitada, who claimed to be the de facto partner of an Australian citizen, Mr O’Keefe. The Administrative Appeals Tribunal was required to determine whether Ms Kitada was indeed Mr O’Keefe’s de facto partner for the purposes of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship, as defined by section 5CB of the Act. This required consideration of all the circumstances of the relationship, including financial aspects, the nature of their household, and their commitment to each other, as further detailed in regulation 1.09A of the *Migration Regulations 1994* (Cth).

The Tribunal found that the evidence presented regarding the financial aspects of the relationship was limited. While a bank statement showed a single deposit from Mr O’Keefe to Ms Kitada’s account, there was no evidence of joint ownership of assets, joint liabilities, or a significant pooling of financial resources. Furthermore, there was no evidence presented concerning the nature of their household arrangements or how they represented their relationship to others. Given the lack of comprehensive evidence across the various factors prescribed by the regulations, the Tribunal concluded that the applicant had not satisfied the criteria for a de facto relationship.

Consequently, the Tribunal affirmed the decision not to grant Ms Kitada the Partner (Temporary) (Class UK) visa.