Verdida (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by an applicant claiming to be the de facto partner of an Australian citizen. The dispute before the Tribunal was whether the applicant and her sponsor were in a genuine and continuing de facto relationship, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship under section 5CB of the Migration Act 1958 and regulation 1.09A of the Migration Regulations 1994. This involved assessing all the circumstances of their relationship, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other.

The Tribunal considered evidence presented by the applicant, including statutory declarations from friends and family, and the testimony of the applicant and sponsor. While noting limited initial evidence before the Department, the Tribunal found that the parties had cohabited for six years, shared household responsibilities, engaged in joint social activities, intended to marry, and planned to purchase a home. The applicant was also pregnant with the sponsor's child. Despite some reservations about inconsistencies in the parties' accounts, the Tribunal was satisfied that the parties had a mutual commitment to a shared life to the exclusion of all others, that their relationship was genuine and continuing, and that they lived together.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria for a Subclass 820 visa under clauses 820.211(2) and 820.221 of Schedule 2, and regulation 2.03A. The Tribunal noted that a further assessment of the relationship's genuineness and the parties' commitment would occur at the permanent visa stage.