PARK (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an applicant who claimed to be the de facto spouse of the sponsor. The dispute centred on whether the applicant met the criteria for a de facto relationship as defined by migration law.

The Tribunal was required to determine whether the applicant and sponsor had established a de facto relationship, specifically considering whether they had pooled their financial resources, represented themselves to others as being in a relationship, established a joint household, shared domestic responsibilities, demonstrated companionship and support, and exhibited a mutual commitment to a long-term relationship. The Tribunal also had to consider the implications of the relationship not being known to the parties' children and the sponsor's limited knowledge of certain aspects of the applicant's current situation.

In its reasoning, the Tribunal found that the parties had a joint bank account and pooled their resources, represented themselves to others as being in a relationship, and had established a joint household with shared domestic responsibilities. Furthermore, the Tribunal was satisfied that they provided companionship and support to each other and demonstrated a mutual commitment to a long-term relationship. Despite the relationship not being known to the parties' children and the sponsor having limited knowledge of some aspects of the applicant’s current situation, the Tribunal concluded that these factors did not negate the existence of a de facto relationship.

Consequently, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas to the Minister with a direction that the first applicant met specific criteria for a Subclass 820 (Partner) visa, namely cl.820.211(2)(a) and cl.820.221 of Schedule 2 to the Regulations, and r.2.03A. The Minister was directed to consider the remaining criteria for the visa.