Simpson (Migration)

This matter concerned an application by Ms Simpson for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse), based on her de facto relationship with Mr Rodney Mark Cutler. The delegate had refused the application, finding insufficient evidence of a genuine relationship. Ms Simpson sought review of this decision before the Tribunal, which heard evidence from Ms Simpson, Mr Cutler, and Ms Simpson's two adult sons.

The Tribunal was required to determine whether Ms Simpson and Mr Cutler were in a genuine de facto relationship for the purposes of the *Migration Act 1958* (Cth), specifically considering the criteria set out in section 5CB(2). This involved assessing whether the parties had a commitment to each other to the exclusion of all others, lived together on a genuine basis, and were recognised by others as being in a de facto relationship.

The Tribunal found that Ms Simpson and Mr Cutler had commenced their relationship on 11 December 2015 and had been residing together since 31 December 2015 in various addresses, including a house leased in both their names. It accepted that the parties had a significant commitment to each other, evidenced by their continuous and ongoing relationship to the exclusion of others since December 2015, and that they lived together and did not live separately on a permanent basis. The Tribunal also found that the parties openly portrayed their relationship to their families, friends, and acquaintances, engaged in joint social activities, and provided significant mutual companionship and emotional support, indicating they viewed the relationship as long-term.

Based on these findings, the Tribunal concluded that the parties were in a genuine de facto relationship. The Tribunal remitted the decision to the delegate for reconsideration.