Seaman (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant claiming to be in a de facto relationship with an Australian citizen sponsor. The central dispute concerned whether the applicant and sponsor met the legislative requirements for a de facto relationship as defined by the *Migration Act 1994* (Cth) and associated regulations.

The Tribunal was required to determine if the applicant and sponsor were in a de facto relationship for the purposes of the visa application, specifically considering the criteria outlined in sections 5CB and 5F of the Act and regulation 1.09A of the *Migration Regulations 1994* (Cth). This involved assessing whether the parties had a mutual commitment to a shared life to the exclusion of others, whether the relationship was genuine and continuing, whether they lived together, and whether they were not related by family.

In its reasoning, the Tribunal applied the principles established in *He v MIBP* [2017] FCAFC 206, which mandates consideration of all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other, as detailed in regulation 1.09A(3). The Tribunal reviewed documentary evidence, including a sponsorship form indicating a commitment to a shared life from December 2017, and oral evidence from the parties. Based on this assessment, the Tribunal concluded that the applicant met certain criteria for the visa, specifically clauses 820.211(2) and 820.221(1) of Schedule 2 to the Regulations, and regulation 2.03A.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, to the Minister for reconsideration, with a direction that the applicant had satisfied the identified criteria. The Minister was to proceed to consider the remaining criteria for the visa.