Maranon (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by Ms. Maranon against a decision made by the Department. The central dispute revolved around whether Ms. Maranon was the de facto partner of the sponsor, Mr. Howard, as defined by the Migration Act 1958 (Cth). The case was heard by Steven Griffiths, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and the sponsor were in a de facto relationship, and whether they met the other requirements for a de facto relationship under the Act. Specifically, the Tribunal was required to determine if the parties had a mutual commitment to a shared life to the exclusion of all others, if their relationship was genuine and continuing, if they lived together or did not live separately and apart on a permanent basis, and if they were not related by family, as stipulated by s.5CB(2) of the Act. The Tribunal also had to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in reg.1.09A(3) of the Migration Regulations 1994.

The Tribunal reasoned that to determine if a de facto relationship existed, it must consider all circumstances, including financial and social aspects, household arrangements, and commitment to each other. The Tribunal noted that the sponsor was an Australian citizen. While the provided evidence, including statutory declarations, financial documents, and travel records, indicated aspects of a genuine and continuing relationship, the Tribunal found it appropriate to remit the application for further consideration of the remaining criteria for the Subclass 820 visa.

The Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the criteria under cl. 820.211(2), cl. 820.221(1) of Schedule 2 to the Regulations, and reg. 2.03A.