Law (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa. The applicant sought review of a decision to affirm the refusal of this visa. The core dispute concerned whether the applicant and her sponsor were in a genuine and continuing de facto relationship at the time of the decision, as required by the *Migration Act 1958* (Cth) and associated regulations.

The Tribunal was required to determine if the parties met the definition of a de facto relationship under section 5CB of the Act. This involved assessing whether they had a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, whether they lived together or did not live separately and apart on a permanent basis, and whether they were not related by family. The Tribunal also had to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other, as outlined 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, particularly concerning shared finances prior to the opening of a joint bank account. Similarly, the evidence concerning the parties' living arrangements and household arrangements was found to be lacking, with inconsistencies in statements about their accommodation and periods of separation. The Tribunal placed little weight on the evidence provided in relation to these aspects.

Consequently, the Tribunal was not satisfied that the applicant met the criteria for the grant of the visa. The decision under review was affirmed, meaning the Partner (Residence) (Class BS) visa was not granted.