Vaezmousavi (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, who claimed to be the de facto partner of an Australian citizen sponsor. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the definition of a de facto partner as defined in section 5CB of the Migration Act 1958 (Cth) and relevant regulations.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a de facto relationship at the time of the visa application and at the time of the decision, as required by clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Migration Regulations 1994 (Cth). This involved assessing all the circumstances of the relationship, including financial aspects, the nature of their household, social aspects, and their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal considered extensive documentary evidence and oral testimony from both the applicant and the sponsor, finding them to be credible witnesses. While the parties maintained separate personal bank accounts, they demonstrated a significant pooling of financial resources through a shared account for household bills and health insurance, a joint term deposit for property purchase, and preliminary steps towards a joint business venture. They also shared daily living expenses and expressed a commitment to a shared future, including plans for family and business. Although they had no joint liabilities or major assets, the Tribunal was satisfied that they were prepared to pool and share their financial resources. The Tribunal also noted the parties' plans for family and business, and the companionship and emotional support they provided each other, indicating a genuine and continuing commitment.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 820 visa under clauses 820.211 and 820.221, and regulation 2.03A.