Ramilla (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by an applicant claiming to be the de facto partner of an Australian citizen sponsor. The core dispute revolved around whether the applicant met the definition of a de facto partner as defined in section 5CB of the Migration Act 1994 and the relevant regulations. The decision was made by Hugh Sanderson, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a de facto relationship at the time of the visa application and at the time of the decision, as stipulated by clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994. This involved assessing all the circumstances of the relationship, including financial aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3).

In its reasoning, the Tribunal considered the financial aspects of the relationship, noting the recent opening of a joint bank account to facilitate future joint investments, the sharing of day-to-day household expenses, and the sponsor's significant financial assistance to the applicant, including contributing to her educational course. While acknowledging limited joint assets or liabilities, the Tribunal found these financial arrangements, coupled with the parties living together, supported a finding that the relationship was genuine and continuing. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the visa.