Rane (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant was an Australian citizen, and the visa applicant was a Pakistani national. The core dispute revolved around whether the parties were in a genuine and continuing de facto relationship, as required by the Migration Regulations 1994. The Tribunal considered evidence including bank statements, a tenancy agreement, correspondence, photographs, and a medical report.

The legal issues before the Tribunal were whether the parties met the definition of 'de facto partner' under section 5CB of the Migration Act 1958 (Cth) and the relevant regulations, specifically clauses 309.211(2) and 309.221. This required determining if the parties had a mutual commitment to a shared life, if their relationship was genuine and continuing, if they lived together, and if they were not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial aspects, the nature of the household, and the commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal found that the parties had pooled their financial resources and shared day-to-day financial responsibilities, evidenced by joint bank accounts used for living expenses, joint rental payments, and a joint home loan. While there was no evidence of joint ownership of major assets, the Tribunal was satisfied there was a joint liability. The Tribunal considered these financial aspects, along with other evidence, to be indicators of a genuine and continuing de facto relationship at the time of application and at the time of the decision.

The Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the visa applicant met specific criteria, namely cl 309.211(2), cl 309.221 of Schedule 2 to the Regulations, and reg 2.03A, and remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration.