Su (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, who claimed to be the de facto partner of an Australian citizen, sought review of a decision made by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant and the sponsor were in a genuine and continuing de facto relationship, and whether they met the 12-month cohabitation requirement at the time of the visa application and the decision. Specifically, the Tribunal was required to consider the financial aspects, the nature of the household, the social aspects, and the nature of the commitment between the parties, as stipulated by the Migration Regulations 1994.

The Tribunal considered the evidence of the parties' living arrangements, including their relocation between Sydney and Canberra due to work and business commitments, and their shared lease agreements. It noted that the definition of a de facto relationship under s 5CB of the Act requires a mutual commitment to a shared life to the exclusion of all others, that the relationship is genuine and continuing, and that the couple live together or do not live separately and apart on a permanent basis. The Tribunal applied regulation 1.09A(3), which mandates consideration of financial, household, social aspects, and the nature of the commitment to each other.

The Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria for a Subclass 820 Partner visa under clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.