Tasha (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary dispute revolved around whether the applicant and the sponsor were in a genuine de facto relationship for the 12 months preceding the date of application, as required by the Migration Regulations 1994. The Tribunal considered evidence from the Departmental file, the Tribunal's own file, and oral evidence from the parties and a witness.

The legal issues before the Tribunal were whether the parties met the criteria for a spouse or de facto relationship under cl.820.211(2)(a) and cl.820.221 of Schedule 2 to the Regulations, and specifically, whether they had been in a de facto relationship for the 12 months prior to the application as required by r.2.03A. The Tribunal noted that as the parties were not married, they could only satisfy the criteria on the basis of a de facto relationship as defined in s.5CB of the Act, which requires a mutual commitment to a shared life, a genuine and continuing relationship, cohabitation, and that the couple are not related by family.

The Tribunal applied the principles outlined in s.5CB(2) and r.1.09A(3) of the Migration Regulations 1994, which require consideration of all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other. The Tribunal found that the parties had a significant history of cohabitation and a developing relationship since 2012, including moving together across different locations in Western Australia and later Victoria for employment and study. While the Tribunal was satisfied that the parties were in a de facto relationship, it concluded that the matter should be remitted for reconsideration by the Minister to consider the remaining criteria for the visa. The Tribunal directed that the applicant met the criteria under cl.820.211(2), cl.820.221, and r.2.03A.