Newton (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa. The applicant, a citizen of the United Kingdom, had arrived in Australia on a subclass 417 visa and subsequently became unlawful before lodging her partner visa application. She had been on a bridging visa since that time. The sponsor was an Australian citizen. The parties claimed to have commenced a de facto relationship in November 2015. The Tribunal was constituted by Senior Member Ann Duffield.

The primary legal issues before the Tribunal were whether the parties were in a genuine de facto relationship, and whether there were compelling reasons to waive the Schedule 3 criteria, which applied because the applicant did not hold a substantive visa at the time of her application. The Tribunal was required to consider the definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth) and the matters set out in regulation 1.09A of the Migration Regulations 1994 (Cth), including the financial and social aspects of the relationship, the nature of the household, and the parties' commitment to each other.

The Tribunal considered the evidence presented, including bank accounts, tenancy agreements, and statutory declarations from family and friends. It found that the parties shared financial responsibilities, including a car loan and rent with a roommate, and that their joint bank accounts and rental agreements supported their claims. The Tribunal was satisfied that the financial aspects and living arrangements, where the parties had lived together for three years with a mutual friend, indicated a long-term relationship. The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the criteria for the grant of the visa.