Susi Gellatly (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, by an Indonesian woman sponsored by her partner, a former British citizen who is now an Australian permanent resident. The applicant and sponsor claimed to have been in a de facto relationship since May 2015, which evolved into a married relationship in 2021, and they had a child together. The review was before the Tribunal concerning the assessment of the relationship criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant and her sponsor were in a genuine and continuing de facto relationship, and subsequently a married relationship, that satisfied the requirements of the *Migration Regulations 1994* (Cth) for the grant of a Subclass 820 visa. This involved considering the various aspects of their relationship, including financial, household, social, and commitment elements, as prescribed by regulation 1.09A. The Tribunal also had to determine if the applicant met the other criteria stipulated in clauses 820.211 and 820.221 of Schedule 2 to the Regulations.

The Tribunal found that the applicant and sponsor presented as credible witnesses, and their claims were supported by documentary evidence. Crucially, the Tribunal noted that significant evidence was available to it that had not been before the primary decision-maker, which, if considered, would likely have led to a different outcome. The Tribunal was satisfied that the couple had a mutual commitment to a shared life, their social interactions were consistent with a married relationship, and they viewed their relationship as a long-term commitment.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, Subclass 820, with a direction that the applicant met the criteria specified in clause 820.211(2), clause 820.221(1)(a) of Schedule 2 to the Regulations, and regulation 2.03A.