Prudente (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by the applicant who claimed to be the de facto partner of an Australian citizen sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant and sponsor were in a de facto relationship for the purposes of the *Migration Act 1958* (Cth) at the time of the visa application.

The central legal issue before the Tribunal was whether the applicant and sponsor met the definition of a de facto relationship as defined in s 5CB of the Act, which requires 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 on a permanent basis), and that the couple are not related by family. In assessing these requirements, the Tribunal was obliged to consider all circumstances of the relationship, including the financial and social aspects, the nature of the household, and the commitment to each other, as outlined in reg 1.09A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal considered evidence regarding the financial aspects of the relationship, noting the operation of a joint bank account since 2017 and the applicant depositing her business earnings into this account. While the parties did not jointly own real estate or major assets, the Tribunal found that the financial aspects, along with other evidence submitted, pointed towards a genuine and continuing relationship. The Tribunal also noted that the applicant had provided evidence of the relationship being registered and that the parties viewed their relationship as a long-term commitment.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under cl 820.211(2)(a) of Schedule 2 to the Regulations and reg 2.03A.