Kurina (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought to establish a de facto relationship with the sponsoring partner, who was an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant and the sponsor met the criteria for a de facto relationship under section 5CB of the Act, which requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation, and no familial relationship. In assessing this, the Tribunal was directed by regulation 1.09A of the Migration Regulations 1994 to consider all circumstances, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment to each other.

The Tribunal considered evidence regarding the parties' living arrangements, financial contributions, and employment. While the parties provided consistent evidence about their shared residence and financial arrangements, including the sponsor paying rent in cash and the applicant contributing a set amount weekly, the Tribunal noted some inconsistencies in the evidence presented. Despite these inconsistencies, the Tribunal found that the applicant met certain criteria for the visa, specifically clauses 801.211 and 801.221 of Schedule 2 to the Regulations, and regulation 2.03A.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the specified criteria. The Tribunal's decision indicates that while some aspects of the de facto relationship assessment may have required further scrutiny, other essential criteria were satisfied, necessitating a remittal for further assessment of the remaining requirements for the subclass 801 visa.