Wu (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by the applicant who claimed to be the de facto partner of an Australian citizen. The central dispute revolved around whether the parties met the definition of de facto partners as stipulated in section 5CB of the Migration Act 1958 (Cth). The decision was made by Senior Member Michael Cooke of the Tribunal.

The legal issues before the Tribunal were whether the applicant and the sponsor were in a de facto relationship at the time of the visa application and at the time of the decision, as required by clauses 820.211(2)(a) and 820.221 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the parties satisfied the conditions of a de facto relationship under section 5CB(2) of the Act, which requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation (or not living separately and apart permanently), and that the parties are not related by family.

In reaching its decision, the Tribunal considered all the circumstances of the relationship, including the financial aspects, the nature of the household, the social aspects, and the nature of the parties' commitment to each other, as outlined in regulation 1.09A(3). The Tribunal was satisfied, following the receipt of additional information, that the parties pooled their finances, shared expenses, maintained a household, shared housework, and represented themselves to others as being in a de facto relationship. The Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the visa.