Leocadio (Migration)

The applicant, a citizen of the Philippines, sought review of a decision to refuse her Partner (Temporary) (Class UK) visa (Subclass 820). The visa was refused by the Delegate on the grounds that the applicant had not provided sufficient evidence to satisfy the criteria for being in a genuine and continuing de facto relationship with her Australian citizen sponsor, as defined by sections 5F and 5CB of the Migration Act 1958 (Cth) and regulation 1.09A of the Migration Regulations 1994 (Cth). The Tribunal considered the financial, household, social, and commitment aspects of the relationship.

The primary legal issue before the Tribunal was whether the applicant and her sponsor were in a genuine and continuing de facto relationship at the time of the visa application and at the time of the decision. This required the Tribunal to consider all the circumstances of the relationship, including specific matters outlined in regulation 1.09A(3), such as financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other. The Tribunal was tasked with determining if the evidence presented satisfied the requirements of clause 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.

The Tribunal reasoned that while the parties had provided some evidence, including financial arrangements and photographs, it was insufficient to fully demonstrate the genuineness and continuing nature of their de facto relationship. Specifically, the Tribunal noted the limited evidence regarding the pooling of financial resources and the nature of their commitment. Despite these shortcomings, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with a direction that the applicant met the criteria for a Subclass 820 (Partner) visa, including clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A. This indicated that the Tribunal found sufficient grounds to allow for further consideration of the visa application.