WANG (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of a decision not to grant the visa, which was based on the assessment that the applicant and the sponsor were not in a genuine de facto relationship. The core of the dispute revolved around whether the relationship met the legislative requirements for a de facto partnership.

The Tribunal was required to determine whether the applicant and the sponsor had a de facto relationship as defined by the Migration Act 1958 (Cth) and associated regulations. This involved assessing whether they had a relationship as a couple living together on a genuine domestic basis, and whether their relationship was publicly represented as such. Specifically, the Tribunal had to consider the extent of their knowledge of each other, their familiarity with each other's daily routines, and the applicant's ability to recall details about the sponsor's family.

In its reasoning, the Tribunal found that the applicant and sponsor lacked a genuine understanding of each other's lives, evidenced by their unfamiliarity with each other's daily routines and the applicant's inability to recall details about the sponsor's family. The limited nature of their communication, restricted to basic matters, further indicated a lack of a committed domestic relationship. These factors led the Tribunal to conclude that the couple did not satisfy the criteria for a de facto relationship.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa.