Vergara (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Ms Maricel Vergara, a citizen of the Philippines, who claimed to be in a de facto relationship with Mr Alan Graham, an eligible New Zealand citizen. The dispute centred on whether Ms Vergara and Mr Graham were in a genuine and continuing de facto relationship and lived together on a permanent basis, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant and sponsor met the criteria for a de facto relationship under s 5CB of the Migration Act 1958 and reg 1.09A of the Migration Regulations 1994. This involved assessing all the circumstances of their relationship, including the financial aspects, the nature of their household, the social aspects, and the nature of their commitment to each other. Specifically, the Tribunal had to consider evidence relating to joint ownership of assets, joint liabilities, pooling of financial resources, sharing of household expenses, living arrangements, care of children, how they represented themselves to others, the opinions of friends and acquaintances, joint social activities, the duration of the relationship, the length of time living together, companionship, emotional support, and their view of the relationship as long-term.

The Tribunal reasoned that while the applicant and sponsor had demonstrated a pooling of financial resources and the sponsor provided financial support, and the applicant was involved in caring for the sponsor's grandchildren, further consideration of all the circumstances was necessary. The Tribunal noted that the applicant and sponsor had registered their relationship with Births Deaths and Marriages in Victoria and had lived together continuously since June 2014. However, the Tribunal concluded that the matter should be remitted for reconsideration to allow for a comprehensive assessment of all the criteria for the Subclass 820 visa. The Tribunal directed that the applicant met the criteria under cl 820.211(2)(a), cl 820.221(1)(a), and reg 2.03A.