Panthong (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, made by the applicant and their sponsor. The central dispute revolved around whether the applicants were in a genuine and continuing partner relationship, living together on a permanent basis, as required by the Migration Regulations 1994. The decision was made by T. Quinn, a Member of the Tribunal.

The legal issues before the Tribunal were to determine whether the applicants had established a genuine and continuing partner relationship, and whether they were living together on a permanent basis, thereby satisfying the criteria for a subclass 801 visa under clause 801.221(2) of Schedule 2 to the Regulations. This required a comprehensive assessment of various aspects of their relationship, including financial, household, social, and commitment elements, as outlined in regulation 1.09A of the Migration Regulations.

The Tribunal considered evidence relating to the pooling of financial resources, including joint bank accounts and utility bills, as well as the sponsor's will and the applicant's superannuation beneficiary nomination, which indicated a commitment to a shared future. Evidence of joint travel and mutual support during health issues was also taken into account. While acknowledging minor inconsistencies in some evidence, the Tribunal found the applicants to be generally credible witnesses. The Tribunal concluded that the evidence supported a finding that the applicants had a mutual commitment to a shared life to the exclusion of others, and that their relationship was genuine and continuing, and that they lived together on a permanent basis.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a subclass 801 visa under clause 801.221(2) of Schedule 2 to the Regulations.