Perez (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Ms. Perez. The central dispute revolved around whether Ms. Perez was the de facto partner of the sponsor, Mr. Pellicci, as defined by section 5CB of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal (AAT) was required to determine this issue, considering the extensive evidence presented regarding the parties' relationship.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 820 visa, specifically concerning the existence of a de facto relationship. This required an assessment of the relationship in light of the comprehensive factors outlined in regulation 1.09A of the Migration Regulations 1994, which mandates consideration of the financial, household, social, and commitment aspects of the relationship. The Tribunal also had to consider the applicant's claim of family violence, which led to her ceasing to live with the sponsor.

The Tribunal reasoned that, in determining whether a de facto relationship exists for the purposes of a Partner visa application, all circumstances of the relationship must be considered, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. The Tribunal accepted the applicant's evidence that she had not lived with the sponsor since 16 December 2018 and had lodged a statutory declaration claiming family violence. Given these findings, the Tribunal remitted the application for the visa to the Minister. The Tribunal directed that the applicant met the criteria for a Subclass 820 visa under clause 820.211(2)(a) of Schedule 2 to the Regulations and regulation 2.03A.