MANYANG (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by the applicant, Mrs. Manyang, who sought to establish that she was the de facto partner of an Australian citizen. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the nature of her relationship with the sponsor.

The legal issues before the Tribunal were whether the applicant and the sponsor were in a de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth), or a married relationship as defined by section 5F of the Act. This involved assessing the financial, household, and social aspects of their relationship, as well as the nature of their commitment to each other, in accordance with regulation 1.15A of the Migration Regulations 1994.

The Tribunal considered the evidence presented, including statutory declarations, financial records, and communication logs, to assess the genuineness and continuing nature of the relationship. It applied the definitions of "spouse" and "de facto partner" under the Act and considered the factors outlined in regulation 1.15A, which require an examination of financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other.

Ultimately, the Tribunal remitted the application for reconsideration. It directed that the visa applicant met the criteria under clauses 309.211 and 309.221 of Schedule 2 to the Regulations, indicating that further assessment of the relationship criteria was required by the Minister.