Pham (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, brought by a visa applicant who claimed to be the de facto partner of the review applicant, an Australian permanent resident. The core dispute revolved around whether the parties were genuinely in a de facto relationship as defined by the Migration Act 1958 (Cth) and associated regulations.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship under section 5CB of the Act, which necessitates 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 permanently), and that the couple are not related by family. Furthermore, the Tribunal had to consider all circumstances of the relationship, including the financial and social aspects, the nature of their household, and their commitment to each other, as stipulated by regulation 1.09A(3).

In its reasoning, the Tribunal noted that the parties had registered their domestic relationship, and were not related by family. However, regarding the financial aspects, there was no evidence of joint ownership of assets or liabilities. The review applicant was employed full-time, while the visa applicant had a history of intermittent work, accident-related compensation, and caring responsibilities for his parents. The Tribunal acknowledged the visa applicant was not "perfect on paper" but made the review applicant happy. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, directing that the visa applicant met specific criteria, including those related to being the de facto partner of an Australian permanent resident.