Millare (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, who had previously been married and had children in the Philippines, met the sponsor in 2011. They commenced a de facto relationship in January 2013. The core dispute before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto partner relationship as defined by section 5CB of the *Migration Act 1958* (Cth).

The legal issue before the Tribunal was to determine if the applicant and the sponsor were in a de facto relationship, as defined by section 5CB of the *Migration Act 1958* (Cth). This definition requires a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, that the couple live together or do not live separately and apart on a permanent basis, and that they are not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal found that the parties had not provided sufficient evidence to satisfy the criteria for a de facto relationship. Specifically, the Tribunal noted a lack of evidence regarding joint ownership of assets, joint liabilities, pooling of financial resources, or sharing of day-to-day household expenses since February 2017. Furthermore, there was no evidence of joint responsibility for children, shared living arrangements, or shared housework. Consequently, the Tribunal concluded that the applicant did not meet the requirements for the visa, and affirmed the decision not to grant the visa.