Parnolfi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant claiming to be in a de facto relationship with an Australian citizen sponsor. The core dispute revolved around whether the parties had been in a genuine de facto relationship for the 12 months preceding the visa application, which was lodged on 23 July 2015.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth). This involved assessing whether they had a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, if they lived together or did not live separately and apart on a permanent basis, and if they were not related by family. In making this assessment, the Tribunal had to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal's reasoning focused on the evidence presented, including the parties' oral testimony. It noted that the parties met in November 2013 and began living together in March 2014, formally declaring their relationship to friends at the sponsor's restaurant opening on 20 March 2014. They then resided together in various locations, including with the sponsor's sister and brother-in-law, from April 2014 until the time of the decision. The Tribunal considered the financial support provided by the sponsor to the applicant, their joint finances, and their shared work at the sponsor's restaurant, as well as their close relationship with the sponsor's family.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for a Subclass 820 visa, specifically clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.