LEECH (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309, made by a national of the Philippines, in relation to her relationship with an Australian citizen. The core dispute revolved around whether the parties had demonstrated a genuine and continuing spousal or de facto relationship, meeting the criteria for the visa.

The Tribunal was required to determine if the visa applicant and the review applicant (her sponsor) were in a genuine de facto relationship at the time of the visa application and a genuine spousal relationship at the time of the Tribunal's decision. This involved assessing whether they had a mutual commitment to a shared life to the exclusion of others, and considering various aspects of their relationship, including financial support, shared assets and liabilities, and the nature of their household.

The Tribunal applied the principles established in *Re MILGEA and Dhillon* [1990] FCA 144, which posits that the true test of a genuine marriage or de facto relationship is whether the parties have a mutual commitment to a shared life to the exclusion of others at the time the matter is decided, regardless of initial motives. The Tribunal found that the parties' oral evidence was consistent and credible, and corroborated by extensive documentary evidence, including financial records and statements from friends and relatives. The Tribunal was satisfied that the review applicant, despite his advanced age, was of sound mind and fully oriented.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. This decision was based on the Tribunal having the benefit of considerably more evidence than was available to the original decision maker, and finding the parties' evidence to be consistent, credible, and supported by extensive documentation, indicating a genuine and continuing relationship.