Schaller (Migration)

In the matter of *Schaller (Migration)*, the applicant sought review of a decision made by the Migration Review Tribunal concerning a Partner (Temporary) (Class UK) visa, subclass 820. The applicant and the sponsor claimed to have commenced a de facto relationship in June 2013, after meeting in 2012. The applicant settled permanently in Australia in May 2014, and the visa application was lodged in December of that year. The core dispute revolved around whether the applicant was, at the time of application and at the time of the Tribunal's decision, the de facto partner of the sponsor, an Australian citizen, and whether additional regulatory requirements were met.

The Tribunal was required to determine if the parties were in a genuine and continuing de facto relationship, as defined by section 5CB of the *Migration Act 1958* (Cth). This definition necessitates a mutual commitment to a shared life to the exclusion of all others, cohabitation (or not living separately and apart on a permanent basis), and that the couple are not related by family. The Tribunal was also obliged to consider all circumstances of the relationship, including financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal considered evidence presented, including statements from friends and family, and oral evidence from the sponsor's mother. It found that the parties pooled their resources for shared expenses and that the applicant played a significant role in the sponsor's bookkeeping and work administration, indicating a degree of financial interdependence. The Tribunal was satisfied that the evidence, particularly regarding the inception of the relationship and the parties' knowledge of each other, was consistent. Ultimately, the Tribunal concluded that it had insufficient evidence to make a favourable decision "on the papers" and therefore conducted a public hearing. The decision under review was remitted.