TEERASUPALUCK (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be the de facto partner of an Australian permanent resident. The core dispute revolved around whether the parties met the criteria for a genuine de facto relationship as defined by the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the parties were in a de facto relationship for the purposes of the visa application. This involved assessing whether they met the definition of 'de facto partner' under s.5CB of the Act, which necessitates a mutual commitment to a shared life to the exclusion of others, a genuine and continuing relationship, cohabitation (or not living separately and apart on a permanent basis), and not being related by family. The assessment was to consider the full circumstances of the relationship, including specific matters outlined in r.1.09A(3) of the Regulations.

The Tribunal considered the financial, household, social, and commitment aspects of the relationship as stipulated by r.1.09A(3). It found that the parties had provided substantial evidence demonstrating that the financial aspects of their relationship were consistent with a de facto partnership, including pooling of resources and sharing of expenses. Furthermore, the Tribunal was satisfied that the nature of their household, including the applicant's assistance with the sponsor's children, and the social aspects, such as how they presented themselves to others and undertook joint activities, also indicated a de facto partner relationship. The Tribunal also noted the evidence regarding the nature of their commitment to each other.

Based on these findings, the Tribunal concluded that the parties met the criteria for a de facto relationship under cl.820.211 and cl.820.221 of Schedule 2 to the Regulations, and r.2.03A. Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration by the Minister, with a direction that the applicant met these specific criteria.