Phan (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The visa applicant claimed to be the de facto partner of the review applicant, an Australian citizen. The Tribunal was required to determine whether the parties were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth).

The legal issues before the Tribunal were whether the parties met the criteria for a de facto relationship, specifically whether they had a mutual commitment to a shared life to the exclusion of all others, that the relationship was genuine and continuing, and that they lived together or did not live separately and apart on a permanent basis. In assessing these criteria, the Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal found that the financial aspects of the relationship were limited, with no joint ownership of assets, no joint liabilities, and no pooling of financial resources. While the parties lived in different countries, the Tribunal gave limited weight to claims of joint payment for travel and accommodation due to a lack of evidence. The Tribunal concluded that, based on the limited evidence presented regarding the financial, social, and household aspects, and the nature of their commitment, the visa applicant did not satisfy the criteria for the grant of the visa.

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