Meng (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a Chinese national applicant and sponsored by an Australian citizen. The core dispute revolved around whether the applicant and sponsor were in a genuine and continuing de facto relationship, as required by the Migration Act 1994 (Cth) and associated regulations.

The Tribunal was required to determine whether the applicant was the de facto partner of the sponsor at the time of the visa application and continued to be so at the time of the decision. This involved assessing whether the parties met the definition of "de facto partner" under s 5CB of the Act, which necessitates a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, cohabitation (or not living apart permanently), and not being related by family. The assessment was to consider all circumstances, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in reg 1.09A(3).

The Tribunal considered extensive evidence, including financial documents and statutory declarations, which indicated a significant pooling of financial resources and sharing of day-to-day household expenses. The applicant's statement detailed the sponsor's financial support and her intention to share financial responsibilities. The Tribunal found that the evidence, particularly regarding the financial aspects and the nature of the household, supported the conclusion that the relationship was genuine and continuing. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria for the Subclass 820 visa concerning being a de facto partner.