Wang (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 citizen sponsor. The Federal Court remitted the decision for reconsideration by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant and the sponsor met the definition of de facto partners under section 5CB of the Migration Act 1958 (Cth). This required determining if they had a mutual commitment to a shared life to the exclusion of all others, if their relationship was genuine and continuing, if they lived together or did not live separately and apart on a permanent basis, and if they were not related by family. The Tribunal was required to consider all circumstances of the relationship, including the financial and social aspects, the nature of their household, and their commitment to each other, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal considered the financial aspects of the relationship, noting the parties' limited finances, with the applicant being a pensioner and unable to work. Despite this, they had pooled their meagre resources, maintained a joint bank account since 2014, and shared day-to-day household expenses when possible. They also evidenced joint ownership of a car and shared liabilities for utilities and car maintenance. The sponsor had also forgone some pension benefits due to their cohabiting relationship. The Tribunal found that the parties had evidenced a genuine and continuing de facto relationship, despite their financial limitations and the applicant's inability to work.

Given these findings, the Tribunal remitted the application for a Subclass 820 visa to the Minister for reconsideration, directing that the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.