Redmond (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant born in Ireland. The applicant's sponsor was an Australian permanent resident, also born in Ireland. The core dispute revolved around whether the applicant and sponsor had been in a de facto relationship for at least 12 months prior to the visa application date, as required by the regulations. The Tribunal considered evidence including written statements, financial records, photographs, and oral testimony from the applicant, sponsor, and a witness.

The legal issues before the Tribunal were whether the applicant and her sponsoring partner were in a genuine spousal or de facto relationship at the time of the visa application and at the time of the decision. Specifically, the Tribunal had to determine if the parties met the criteria for a de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994, which requires a mutual commitment to a shared life, a genuine and continuing relationship, cohabitation, and no familial relation.

The Tribunal applied the principles outlined in Regulation 1.09A(3), considering the financial, household, social, and commitment aspects of the relationship. It found that the parties had pooled finances, shared a household, presented themselves as a couple to others, and had the support of their families. The Tribunal was satisfied, based on the extensive evidence, that the parties had been in a committed relationship since August 2014 and saw their relationship as stable, mutually supportive, and long-term. The Tribunal also noted that the parties had married in October 2016.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 820 visa under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.