Shrestha (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, who claimed to be the de facto partner of an Australian citizen sponsor. The Tribunal was required to determine whether the parties were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994 (Cth).

The legal issues before the Tribunal were whether the applicant and the sponsor met the criteria for a de facto relationship under the Act and Regulations, specifically concerning their mutual commitment to a shared life, the genuineness and continuation of their relationship, their living arrangements, and whether they were related by family. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other.

The Tribunal found that the parties had provided credible and consistent evidence of their relationship, which commenced on 10 June 2013. They had met, developed a strong connection, and supported each other emotionally and financially. While they had not lived together continuously due to cultural considerations during family visits, the Tribunal considered their evidence of meeting frequently, introducing each other to friends, and their mutual support as indicative of a genuine and continuing de facto partnership. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the relevant criteria for the visa.