Ohare (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by an Irish national, sponsored by an Australian citizen. The core dispute revolved around whether the applicant and the sponsor were in a de facto relationship as defined by the *Migration Act 1994* (Cth) at the time of the visa application and at the time of the decision.

The Tribunal was required to determine if the applicant was the de facto partner of the sponsor, satisfying the requirements of clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. This involved assessing whether the parties met the definition of a de facto relationship under s.5CB of the Act, which necessitates a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation or not living separately and apart on a permanent basis, and not being related by family. The Tribunal was directed 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 r.1.09A(3) of the Migration Regulations 1994.

The Tribunal considered evidence relating to the financial aspects of the relationship, noting shared household expenses such as shopping, fuel, and pet food, as well as a joint bank account. The applicant stated an intention to co-own a property with the sponsor once her divorce was finalised. However, the provided text does not detail the Tribunal's findings on the other aspects of r.1.09A(3), such as the social aspects or the nature of the household beyond shared expenses.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa, concluding that the applicant did not satisfy the criteria for its grant.