Manuel (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before Member Steven Griffiths of the Tribunal. The central dispute revolved around whether the applicant was the de facto partner, and subsequently spouse, of the sponsor at the relevant times of the visa application and decision. The applicant, Mr. Manuel, arrived in Australia on a visitor visa in December 2017, and the sponsor, Ms. Davies, is an Australian citizen.

The legal issues before the Tribunal were whether the applicant qualified as the de facto partner of the sponsor at the time of the visa application, and if so, whether they were also considered spouses at the time of the decision, as defined by the Migration Act 1994 and associated Regulations. Specifically, the Tribunal was required to assess the relationship against the criteria for de facto partners and spouses, considering various aspects of their relationship as outlined in the Migration Regulations 1994.

The Tribunal's reasoning involved a comprehensive review of the evidence provided by the parties, which included details of their communication, photographs, financial transfers, joint accounts, statutory declarations from family and friends, and evidence of their marriage. The Tribunal considered all circumstances of the relationship, including financial aspects, the nature of their household, social interactions, and the commitment to each other, as mandated by regulations 1.09A and 1.15A of the Migration Regulations 1994. The Tribunal found that the applicant met the criteria for a Subclass 820 visa.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister with a direction that the applicant meets the specified criteria for a Subclass 820 (Partner) visa, namely clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations.