Miles-Lewis (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by the applicant, a citizen of the United Kingdom, sponsored by Miss Gross, an Australian citizen. The central dispute revolved around whether the applicant and the sponsoring partner were in a de facto relationship at the time of the decision, particularly given that the sponsoring partner had withdrawn her sponsorship and the parties had been living apart for approximately 18 months. The case was heard by Mila Foster, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for a Partner (Residence) (Class BS) visa, specifically whether he was the de facto partner of the sponsoring partner at the time of the decision. This required an assessment of the nature of their relationship in accordance with the Migration Regulations 1994, particularly regulation 1.09A, which outlines the factors to be considered when assessing a de facto relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other.

The Tribunal considered all the evidence before it, including the initial visa application, statements from the applicant and sponsoring partner, supporting documents from friends and family, and evidence of shared financial arrangements and living arrangements. However, the Tribunal noted that the sponsoring partner had withdrawn her sponsorship and that the parties had been living apart for a significant period. Applying the criteria in regulation 1.09A, the Tribunal found that the evidence did not establish that the applicant and the sponsoring partner were in a de facto relationship at the time of the decision. The applicant did not satisfy the requirements of section 5CB(2) of the Act, and there was no evidence to suggest he met any alternative criteria for the visa grant.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa, as he did not satisfy the prescribed criteria for the visa.