Tshomo (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a national of Bhutan, sought the visa in relation to her relationship with an Australian citizen sponsor. The core dispute revolved around whether the applicant was the de facto partner of the sponsor at the time of the visa application and whether their relationship met the definition of "spouse" at the time of the decision, as required by the *Migration Act 1958* (Cth). The decision was made by Christine Kannis, a Member of the Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant was the de facto partner of the sponsor within the meaning of section 5CB of the Act at the time the application was made. Secondly, whether, at the date of the decision, the relationship satisfied the definition of "spouse" under section 5F of the Act. In assessing these issues, the Tribunal was mandated to consider all circumstances of the relationship, including financial, household, social aspects, and the parties' commitment to each other, as outlined in regulations 1.09A(3) and 1.15A(3) of the *Migration Regulations 1994* (Cth).

The Tribunal's reasoning focused on the comprehensive assessment of the relationship against the legislative criteria. It acknowledged that evidence had been provided by the applicant, including bank statements, statutory declarations, and photographs, which was more extensive than that available to the original delegate. The Tribunal noted that the assessment of a de facto or spousal relationship requires consideration of various factors, such as joint financial arrangements, living arrangements, social recognition, and mutual commitment. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration.

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