Lei (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a 33-year-old woman from Macao. The applicant claimed to be in a de facto relationship with the sponsor, a 35-year-old Australian permanent resident. The primary dispute revolved around whether the applicant and sponsor were in a genuine and continuing de facto relationship, as required for the visa. The decision was made by Tegen Downes, a Member of the Tribunal.

The court was required to determine if the applicant and sponsor were in a genuine and continuing de facto relationship, considering the financial aspects, household arrangements, and social nature of their commitment. Additionally, the court needed to assess whether the applicant met the other requirements of cl 820.211 and cl 820.221(1)(a) of Schedule 2 to the Regulations and reg 2.03A, should the primary issue of the de facto relationship be resolved in her favour.

The Tribunal accepted the applicant's claims as true, finding that she and the sponsor were in a genuine and continuing relationship that met the definition of a de facto partnership. This conclusion was based on detailed written statements supported by compelling corroborating evidence, including joint bank accounts, a joint loan for property purchase, and evidence of shared financial responsibilities. The Tribunal found that the financial aspects of the relationship, including joint assets, pooled resources, and shared expenses, were indicative of a de facto relationship at the material times.

Given the findings, the Tribunal remitted the application for the visa to the Minister to consider the remaining criteria for a Subclass 820 visa. The Tribunal directed that the applicant met the criteria specified in cl 820.211(2), cl 820.221(1)(a) of Schedule 2 to the Regulations, and reg 2.03A.