Legrand (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Mr Legrand, with Ms Mitchell as the sponsor. The dispute arose because the relationship between Mr Legrand and Ms Mitchell had ceased prior to the Tribunal's decision, although they had a child together. The Tribunal was required to determine whether Mr Legrand was, at the time of his application, the spouse or de facto partner of Ms Mitchell, and whether he continued to meet the criteria for the visa.

The Tribunal was required to consider all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994. Specifically, the Tribunal examined factors such as joint ownership of assets, joint liabilities, pooling of financial resources, sharing of household expenses, joint responsibility for children, living arrangements, representation to others, and the duration and nature of the commitment.

The Tribunal found that while the parties had a child together, born in November 2017, their relationship had ended by November 2017. Crucially, they were not living together at the time of the application, nor did they demonstrate joint ownership of assets, joint liabilities, or a significant pooling of financial resources. The evidence presented did not establish a genuine and continuing de facto relationship that met the requirements for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.