McConnell (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), by an applicant who claimed to be the de facto partner of an Australian citizen sponsor. The central dispute before the Tribunal was whether the applicant met the definition of a de facto partner as stipulated in section 5CB of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the applicant and sponsor were in a de facto relationship, and consequently, whether the applicant met the criteria for the visa. This required the Tribunal to consider all the circumstances of the relationship, including financial aspects, the nature of their household, social interactions, and their commitment to each other, as outlined in regulation 1.09A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal found that the parties had pooled some of their finances, used joint bank accounts for savings and daily expenses, and supported each other financially. They jointly leased accommodation, shared household expenses and domestic duties, and presented themselves as a couple to friends and family, who recognised their relationship. The Tribunal was satisfied that the parties had formed a household, travelled together extensively, and provided each other with companionship and support, indicating a genuine and continuing de facto relationship.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria specified in cl.820.211 and cl.820.221 of Schedule 2 to the Regulations, and r.2.03A of the Regulations.