Pila (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by an applicant from the Philippines. The applicant had been granted a Partner (Temporary) (Subclass 820) visa based on a de facto relationship with an Australian citizen sponsor. However, the applicant later advised the Department that the relationship had ended. The Tribunal was required to determine whether the applicant met the criteria for the grant of the Partner (Residence) visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 801.211 of Schedule 2 to the Migration Regulations 1994, specifically the requirement that at the time of the decision, the applicant is the spouse or de facto partner of the sponsor. This involved considering whether the relationship, which had ceased, still met the criteria for a de facto relationship as defined by the Regulations, taking into account financial, household, social, and commitment aspects.

The Tribunal affirmed the delegate's decision not to grant the visa. The Tribunal found that the applicant had confirmed the breakdown of her relationship with the sponsor and had not provided evidence that the relationship was ongoing at the time of the decision. While the applicant expressed a desire to remain in Australia for personal and economic reasons, these did not substitute for the requirement of being in a genuine and ongoing partner relationship with the sponsor. The Tribunal concluded that the applicant was not the spouse or de facto partner of the sponsor at the time of the decision, and therefore did not meet the criteria for the visa.