Stuart (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, made by the first applicant, with the second and third applicants also seeking the same visa. The dispute arose from the decision maker's assessment of the relationship between the first applicant and the sponsor. The case was heard by T. Quinn.

The court was required to determine whether the first applicant was in a de facto relationship with the sponsor, as defined by the Migration Regulations 1994, for the purposes of the visa application. This involved considering various aspects of their relationship, including financial, household, social, and commitment elements.

The court reasoned that the evidence presented demonstrated that the applicants had pooled their financial resources, shared day-to-day household expenses, and raised two children together as a family unit over a period of more than ten years. The court noted that the applicants had been living together as a family since March 2019 and had recently rented a new home in their joint names. Based on these findings, the court was satisfied that the first applicant was in a de facto relationship with the sponsor.

Consequently, the court remitted the applications for the Partner (Provisional) (Class UF) visas to the Minister for reconsideration. The direction was that the first applicant met the criteria under clauses 309.211(2)(a) and 309.221(1)(a) of Schedule 2 to the Regulations, and the second and third applicants met the criteria under clauses 309.311, 309.312, and 309.321(a) of Schedule 2 to the Regulations.