Yu (Migration)

This matter concerned an application by the applicant for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant had been granted a temporary Partner (subclass 820) visa and was subsequently requested to provide further information for the permanent stage of her application. The Department refused to grant the subclass 801 visa, leading to the applicant seeking review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 801.221 of Schedule 2 to the Migration Regulations 1994, specifically concerning her status as the de facto partner of the sponsor at the time of the decision. This involved assessing the overall circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.09A.

The Tribunal found that the applicant was the de facto partner of the sponsor, who was an Australian permanent resident and had been identified as such in the subclass 820 visa application. However, due to a representative's admitted error in not submitting all supporting documents to the Department, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that for the purpose of reconsideration, the applicant was to be considered as meeting the criteria under clause 801.221 of Schedule 2 to the Regulations.