Macalisang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by the applicant, who claimed to be the de facto partner of an Australian citizen. The dispute before the Tribunal was whether the parties were in a genuine and continuing de facto relationship, with a mutual commitment to a shared life to the exclusion of all others, at the time of the visa application and at the time of the decision.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994. This involved considering all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the parties' commitment to each other. The Tribunal also had regard to evidence of events occurring both before and after the visa application date.

The Tribunal reasoned that a comprehensive assessment of the relationship, encompassing financial, household, social, and commitment aspects, was necessary. While the parties had a history of living together and apart due to various life events, including business dealings and family matters in the Philippines and Australia, the Tribunal concluded that the matter should be remitted for reconsideration. This indicated that the Tribunal found insufficient evidence or a need for further assessment regarding the de facto relationship criteria.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, subclass 820, with a direction that the visa applicant met the specified criteria for a Subclass 820 (Partner (Provisional)) visa, including clauses 820.211 and 820.221 of Schedule 2 to the Regulations and regulation 2.03A.