Simmonds (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant who claimed to be in a de facto relationship with an Australian citizen sponsor. The delegate had concerns regarding the evidence provided, particularly its recency and the establishment of a joint household, and gave little weight to certain evidence such as joint travel. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had been in a de facto relationship with the sponsor for at least 12 months ending immediately before the date of the visa application, as required by the Migration Regulations 1994. This involved determining if the parties met the definition of 'de facto partner' under s.5CB of the Act, which requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart permanently), and that the couple are not related by family.

The Tribunal considered that to determine if the parties were in a de facto relationship, regard must be had to all circumstances, including the financial, social, and household aspects, and the nature of their commitment to each other, as outlined in r.1.09A(3) of the Migration Regulations. The delegate's concerns about the limited evidence of joint financial arrangements, the housesitting arrangements, and the timing of a joint bank account were noted. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met certain criteria for the visa.