Singh (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a national of India, arrived in Australia in February 2016. The applicant met the sponsor through a dating website in October 2016, met in person in November 2016, and registered their relationship in January 2017. The delegate of the Minister was not convinced of the genuineness and continuation of the relationship due to the speed at which it was registered. The applicant subsequently provided significant additional documentary evidence and oral evidence to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was the de facto partner of the sponsor at the time of the visa application and at the time of the review decision, as defined by section 5CB of the Migration Act 1958 (Cth) and regulation 1.09A of the Migration Regulations 1994 (Cth). A further issue was whether the applicant had been in a de facto relationship with the sponsor for the requisite 12 months prior to the visa application, and whether this requirement was waived due to the registration of their relationship.

The Tribunal considered the definition of a de facto partner, 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 on a permanent basis), and that the couple are not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment, as outlined in regulation 1.09A(3). Crucially, the Tribunal noted that if a relationship is registered under the Relationships Register Act, the 12-month requirement for a de facto relationship does not apply. The Tribunal found the applicant and sponsor to be credible witnesses and was satisfied that the explanations for the rapid registration of their relationship were genuine and plausible, despite the delegate's initial concerns.

Given these findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for a Subclass 820 (Partner) visa concerning being the de facto partner of an Australian citizen at the time of application and decision, and that the 12-month requirement was not applicable due to the registered nature of their relationship.