Molean (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a 33-year-old woman from Papua New Guinea. The applicant claimed to be in a de facto relationship with her sponsor, a 56-year-old Australian citizen. The core dispute revolved around whether the applicant and sponsor were genuinely in a de facto relationship, as required for the visa.

The court was required to determine if the applicant and sponsor were in a de facto relationship, considering all the circumstances, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other, as stipulated by the Migration Regulations 1994. Specifically, the court needed to assess the financial aspects of the relationship, given that the last financial information provided was from 2022.

The court found that while no recent financial information had been provided, the evidence before it, including bank statements from 2018 and 2022, supported the claim that the couple shared day-to-day household expenses and pooled their financial resources in a manner consistent with a de facto relationship at the time of the application. The court noted that it had not invited further financial evidence because it believed it could find in the applicant's favour based on the existing material. The court concluded that the application should be remitted to the Minister for consideration of the remaining criteria for the Subclass 820 visa.