LI (Migration)

The Administrative Appeals Tribunal considered the application of LI for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The central dispute concerned whether LI and her sponsor were in a genuine de facto relationship at the time of the application, as required by the *Migration Regulations 1994* (Cth). The Tribunal was tasked with assessing the evidence presented to demonstrate the nature of their relationship, including aspects of financial interdependence, the timing of financial contributions, the personal knowledge of the couple by their families and friends, and the duration of their relationship prior to marriage.

The primary legal issue before the Tribunal was to determine if the evidence satisfied the definition of a de facto relationship under the *Migration Act 1958* (Cth) and associated regulations. This involved evaluating whether the couple had presented themselves to the public as a couple, whether their relationship was genuine and continuing, and whether they were living together on a genuine domestic basis. Specifically, the Tribunal had to weigh the significance of joint finances, the timing of financial contributions, and the extent to which the relationship was supported by the personal knowledge of their social circles.

In its reasoning, the Tribunal applied the principles established in migration law concerning the assessment of de facto relationships. It considered that while joint finances and shared living arrangements are important indicators, the genuineness of the relationship is paramount. The Tribunal noted that the short duration of the relationship before marriage, coupled with the nature and timing of financial contributions, required careful scrutiny to ensure they reflected a genuine commitment rather than a means to satisfy visa requirements. The Tribunal ultimately found that the evidence did not sufficiently demonstrate a genuine and continuing de facto relationship that met the legislative criteria.