Youssef (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse), by Mr Youssef. The primary dispute before the Tribunal was whether Mr Youssef and Ms Vico were in a genuine and continuing de facto relationship at the time of the decision, which would satisfy the requirements of clause 820.221 of the Migration Regulations 1994. The Tribunal was also required to consider whether compelling circumstances existed to waive Schedule 3 requirements, although this aspect was not elaborated upon in the provided text.

The Tribunal was tasked with determining if Mr Youssef and Ms Vico met the definition of "de facto partner" under section 5CB of the Migration Act 1958. This required assessing whether there was a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, and if the couple lived together or did not live separately and apart on a permanent basis. In making this assessment, the Tribunal was directed to consider all circumstances of the relationship, including financial and social aspects, the nature of their households, and their commitment to each other, as per regulation 1.15A(3).

The Tribunal's reasoning focused on the evidence presented regarding the parties' living arrangements, financial interdependence, and plans for the future. Despite an initial claim of a serious relationship and plans to marry, Mr Youssef confirmed they were not spouses and had no current plans to marry due to Ms Vico's mother's health. Crucially, the Tribunal found that the parties had lived separately for approximately six months in 2013 and had continued to live apart since then, with no current plans to live together indefinitely due to their commitments to care for chronically ill parents. The Tribunal inferred from this sustained separation that they were living apart on a permanent basis. Furthermore, the Tribunal noted a lack of financial interdependence and shared household responsibilities. Based on these findings, the Tribunal concluded that the parties were not living together or did not have a mutual commitment to a shared life, and therefore were not de facto partners at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant Mr Youssef the Partner (Temporary) (Class UK) visa, subclass 820, as he did not satisfy clause 820.221.