Pham (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Partner (Provisional) (Class UF) visas, subclass 309, made by the applicant, Ms. Pham. The dispute concerned whether Ms. Pham was in a genuine de facto relationship with her partner, a requirement for the visa. The AAT affirmed the previous decisions not to grant the visa.

The primary legal issue before the Tribunal was whether Ms. Pham and her partner met the definition of a de facto relationship as defined by the Migration Act 1958 (Cth) and associated regulations. This involved assessing various aspects of their relationship, including financial interdependence, periods of cohabitation, social activities, and the provision of comfort and emotional support. The Tribunal also had to consider whether any exceptions applied, such as the absence of a registered relationship and the usual 12-month cohabitation requirement, and if compelling or compassionate circumstances existed to waive these.

The Tribunal's reasoning focused on the evidence presented regarding the nature and duration of the relationship. It noted that while some elements of a de facto relationship might have been present, the overall assessment did not satisfy the legislative criteria. The Tribunal considered the haste with which the relationship developed and the limited evidence of sustained cohabitation and financial interdependence. Despite acknowledging the relationship was same-sex, the Tribunal found that the applicant had not demonstrated that the relationship met the additional criteria for a de facto relationship, nor had she established compelling and compassionate circumstances to overcome the absence of a registered relationship or the 12-month cohabitation requirement.

Consequently, the Tribunal affirmed the decisions not to grant the Partner (Provisional) (Class UF) visas to the applicant.