WANG (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by the applicant, who claimed to be in a de facto relationship with the sponsor, an Australian citizen. The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth), at the time of the decision. This involved assessing various aspects of their relationship, including financial matters, the nature of their household, social interactions, and their commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994.

The Tribunal considered the evidence presented regarding the parties' claimed de facto relationship, which commenced on 16 July 2012. A key aspect of the assessment involved the financial elements of the relationship, specifically the parties' joint bank account, which they had opened in July 2012. However, the evidence showed minimal activity on this account, with only one transaction and a low closing balance in the most recent statements provided. When questioned about the lack of use, the applicant stated it did not suit them, while the sponsor indicated he agreed to open it because the applicant wanted to.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Partner (Residence) (Class BS) visa. The limited and inconsistent use of the joint bank account, coupled with the explanations provided by the parties, led the Tribunal to conclude that the financial aspects of the relationship did not sufficiently demonstrate a genuine and continuing de facto partnership. The Tribunal found that the applicant did not satisfy the criteria for the visa grant.