Lai (Migration)

The applicant, Lai, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute centred on whether the applicant had established a de facto relationship of at least 12 months, as required for the visa. The matter was heard by Nicholas McGowan in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the applicant had satisfied the criterion of being in a de facto relationship for at least 12 months prior to the application. This involved considering the nature of the relationship and whether it met the legislative requirements, particularly in light of the applicant's registered relationship under Victorian state law.

His Honour considered the evidence presented regarding the applicant's relationship. The Court noted that a registered relationship under Victorian law is a significant factor in establishing a de facto relationship. However, it also acknowledged that registration alone does not automatically satisfy the 12-month duration requirement. The Court found that the delegate had failed to properly consider all relevant aspects of the evidence concerning the duration and nature of the de facto relationship. Consequently, the decision under review was set aside and remitted to the Minister for reconsideration according to law.