Posford (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the de facto partner of the sponsor, an Australian citizen. However, the applicant had stated that the de facto relationship had ended. The Administrative Appeals Tribunal was required to determine whether the applicant continued to meet the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant was the de facto partner of the sponsor, as defined by section 5CB of the Migration Act 1958 (Cth), at the time of the visa application and at the time of the decision. This required consideration of whether the parties had a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, whether they lived together or did not live separately and apart on a permanent basis, and whether they were related by family.

The Tribunal considered all the circumstances of the relationship, including financial, household, social aspects, and the nature of the parties' commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994. The applicant acknowledged the relationship had ended, and there was no evidence of financial pooling, shared living arrangements, or a mutual commitment to a shared life. Friends and family did not recognise the relationship as de facto. The Tribunal found that the parties were living separately and apart on a permanent basis and did not have a genuine and continuing relationship.

Consequently, the Tribunal was not satisfied that the applicant met the criteria for a de facto relationship under section 5CB(2) of the Act at the time of the decision. Therefore, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.