Manan (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be in a de facto relationship with an Australian citizen sponsor. The Tribunal was required to consider whether the parties were in a genuine and continuing de facto partnership, as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was to determine if the applicant and sponsor met the criteria for a de facto relationship under the Act and Regulations. This involved assessing all the circumstances of their relationship, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other, as outlined in Regulation 1.09A(3).

The Tribunal found that, based on the additional information submitted, the financial and household aspects of the relationship indicated a de facto relationship. Furthermore, the social aspects, despite the parties not being heavy socialisers, also supported a de facto partnership, as recognised by friends and family. The Tribunal concluded that the application should be remitted for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.