Mazhar (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), by a Pakistani national sponsored by an Australian citizen. The core dispute revolved around whether the parties were in a genuine and continuing de facto relationship as defined by the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). The case was heard by Christine Kannis, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and the sponsor met the definition of 'de facto partner' under s 5CB of the Act, and consequently, whether they satisfied the criteria for the Subclass 820 visa. This required a comprehensive assessment of all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of their commitment to each other, as detailed in regulation 1.09A(3).

The Tribunal considered the evidence presented, including bank statements, statutory declarations, and other documentation, against the factors outlined in regulation 1.09A(3). While the Tribunal had significantly more evidence than the initial delegate, it concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met certain criteria for the visa, indicating that the decision had been made without a full hearing of all necessary considerations. The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant meets specific criteria for a Subclass 820 (Partner) visa.