OOI (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant for a Partner (Temporary) (Class UK) visa, subclass 820, against a decision to refuse the visa. The applicant sought to establish that she was in a de facto relationship with an Australian citizen for at least 12 months prior to the visa application date.

The primary legal issue before the Tribunal was to determine whether the applicant and her 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, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3).

In assessing the financial aspects, the Tribunal noted the parties did not own real estate jointly. However, they maintained a joint ANZ bank account, which the sponsor stated was initially for emergencies but was intended for future use with children. A Virgin Money account was used for car insurance. The applicant was responsible for daily groceries and bills, and the parties had jointly purchased furniture for the sponsor's home. They also shared a mortgage liability on the sponsor's house and had joint credit cards, with the applicant using one when she was not working. The Tribunal also considered evidence of the parties' intention to start a family, their long-term relationship, and supporting statements from witnesses.

The Tribunal found that the parties had demonstrated a mutual commitment to a shared life, that their relationship was genuine and continuing, and that they lived together. The Tribunal concluded that the applicant met the criteria for being in a de facto relationship.