Lin (Migration)

This matter concerned an application for Partner (Temporary) (Class UK) visas by a Chinese national and her son, sponsored by an Australian permanent resident. The Tribunal was required to determine whether the applicant and the sponsor were in a genuine and continuing de facto relationship, as required by the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the evidence presented satisfied the criteria for a de facto relationship under the Migration Regulations. Specifically, the Tribunal had to assess the financial, household, social, and commitment aspects of the relationship, as outlined in regulation 1.09A(3). This involved considering factors such as joint ownership of assets, pooling of financial resources, living arrangements, representation to others, and the nature of the commitment to each other.

The Tribunal affirmed the decision not to grant the visas. While the parties had registered their relationship and presented some evidence of joint financial arrangements, such as a bond receipt for a commercial property and a joint lease, the Tribunal found significant limitations in other areas. The pooling of financial resources was limited, cohabitation in Australia was not extensive, and there was minimal evidence of mutual awareness of significant health issues. Despite some joint social activities, the overall assessment did not demonstrate a genuine and continuing de facto relationship that met the regulatory requirements.