Larrass (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute revolved around whether the applicant met the criteria for being in a de facto relationship with their sponsor, as required for the visa.

The Tribunal was tasked with determining if the applicant satisfied the definition of a "de facto partner" under section 5CB of the *Migration Act 1958* (Cth), including the specific elements outlined in subsection 5CB(2) and the additional criteria prescribed by regulation 2.03A of the *Migration Regulations 1994* (Cth). This involved assessing various aspects of the relationship, such as financial commitments, the nature of the household, and social recognition.

The Tribunal's reasoning, as evidenced by its satisfaction with the applicant's relationship certificate and its reference to specific subsections of the Act and Regulations, indicated that it had considered all relevant factors. It found that the applicant met the definition of a de facto partner and the associated visa criteria, specifically clauses 820.211(2)(a) and 820.211(2). Furthermore, the Tribunal determined that the applicant continued to meet the criteria under clause 820.221 at the time of the decision.

Consequently, the Tribunal remitted the matter back to the Department of Home Affairs for consideration of the remaining criteria for the Partner (Temporary) (Class UK) visa.