Mason (Migration)

This matter concerned an application for review by an applicant, a citizen of the United Kingdom, who claimed to be in a de facto relationship with an Australian citizen, Mr Zachary Douglas Fry. The applicant sought a Partner (Temporary) (Class UK) visa. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant was the spouse or de facto partner of an Australian citizen at the time of the visa application and at the time of the decision, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. Specifically, the Tribunal had to consider the definition of a "de facto partner" under section 5CB of the Migration Act 1958, which requires a mutual commitment to a shared life, a genuine and continuing relationship, cohabitation, and that the couple are not related by family.

The Tribunal noted that Mr Fry had not lodged a sponsorship application. The Department had previously requested further information from the applicant to support her claims of a de facto relationship, including a sponsorship application from Mr Fry, but no additional evidence was provided. The Tribunal considered that the applicant had not satisfied the criteria for the grant of the visa, as it was not satisfied that the parties lived together or that they were in a de facto relationship as defined by the Act. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.