Widuri (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), brought by the applicant against the respondent. The central dispute revolved around whether the applicant was the de facto partner of the sponsor at the time of the visa application and the spouse of the sponsor at the time of the decision, as required by the Migration Regulations 1994.

The court was required to determine if the parties were in a genuine de facto relationship at the time of the visa application, as defined by section 5CB of the Migration Act 1958, and if they were in a genuine and continuing spousal relationship at the time of the decision. This involved assessing all the circumstances of their relationship, including financial, household, social aspects, and their commitment to each other, as outlined in regulation 1.15A(3).

The Tribunal found that the sponsor was an Australian citizen at all relevant times. While the parties were married at the time of the decision, they were not validly married at the time of the visa application, meaning they could not satisfy the spouse criteria at that point. The Tribunal considered the definition of a de facto relationship under s.5CB, which requires a mutual commitment to a shared life, a genuine and continuing relationship, cohabitation (or not living separately and apart permanently), and no familial relation. The Tribunal noted the parties met in August 2013, commenced their de facto relationship in September 2014, and married in March 2018. Despite a lack of joint assets or liabilities, the Tribunal accepted that the parties pooled financial resources and shared household expenses, and considered the nature of their commitment to each other.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the relevant criteria for a Subclass 820 visa.