Mendes Pitacas Marques (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by Mrs. Marques. The central dispute was whether Mrs. Marques was the de facto partner of the sponsor, Mr. Marques, as defined by section 5CB of the Migration Act 1958 (Cth). The decision was made by Steven Griffiths, a Member of the Tribunal.

The legal issues before the Tribunal were whether the parties were in a de facto relationship, and if so, whether they met the other requirements for the visa. Specifically, the Tribunal was required to consider all the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994. The Tribunal also needed to confirm that the sponsor was an Australian citizen, permanent resident, or eligible New Zealand citizen, as required by clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.

The Tribunal applied the definition of a de facto partner under section 5CB of the Act, which requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. In assessing these criteria, the Tribunal considered the evidence relating to the financial aspects, the nature of the household, the social aspects, and the commitment to each other, as detailed in regulation 1.09A(3). The Tribunal accepted that the sponsor was an Australian citizen.

Ultimately, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister with a direction that the applicant met the specified criteria for a Subclass 820 (Partner) visa, including clauses 820.211(2), 820.221(1), and regulation 2.03A.