Sixto (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, a national of the Philippines, who claimed to be in a de facto relationship with the sponsor, an Australian citizen. The delegate had found that the applicant did not satisfy the criteria for being a de facto partner, specifically that the relationship was not genuine and continuing, and that there was insufficient evidence of a mutual commitment to a shared life. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the applicant and the sponsor were in a de facto relationship for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). This involved considering all the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects, and the nature of the commitment to each other, as outlined in regulation 1.09A(3). The Tribunal had to assess whether the evidence, including additional information provided on review, was sufficient to demonstrate a genuine and continuing de facto relationship with a mutual commitment to a shared life.

The Tribunal reasoned that, having considered the additional evidence presented, including a relationship certificate and other documents and photographs, the evidence reflected that the applicant and sponsor were in a de facto relationship. While acknowledging limited evidence of joint asset ownership, the Tribunal found their consistent evidence regarding the sharing of day-to-day household expenses to be reasonable, particularly given their differing financial circumstances and ages. The Tribunal also noted consistent evidence regarding financial support provided by the sponsor and the applicant's remittances to her family. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the relevant criteria for the Subclass 820 visa.