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Tribunal: Member D Petrovich

A delegate of the Minister for Immigration refused to grant the applicant a Partner visa[1] on the basis of his relationship with his Australian citizen partner. The AAT remitted the application with the direction that the applicant met criteria for a Subclass 820 (Partner) (Temporary) visa.

The AAT examined the relationship between the applicant and his sponsor and considered whether they met the requirements for the granting of the visa. The aspects of the relationship considered by the AAT included the applicant and sponsor’s living and financial arrangements, employment, social activities, support from immediate family and future intentions, among others.  At the hearing, the AAT was satisfied that the applicant and sponsor provided candid and spontaneous responses about their relationship, which were also corroborated by their witnesses and documentary evidence. The AAT found that the parties had maintained a continuous relationship and lived together in an exclusive and committed relationship from the 15 June 2015 until the present.

The parties also had to show that they were in a de facto relationship for 12 months before the date of visa application[2]. This requirement does not apply in certain circumstances, including where a relationship has been registered under a State or Territory law.[3] Based on the evidence before it, the AAT found that the applicant and sponsor first met in person and commenced living together on 15 June 2015, before applying for a temporary partner visa on 6 January 2016. This meant that they were not in a de facto relationship for 12 months at the time of visa application. However, the parties had registered their relationship on 20 January 2016. Therefore, the additional criterion was satisfied even though the parties had been in a de facto relationship for less than 12 months at the time they applied for the visa. 

Read the full decision.  


[1] Migration Act, s.65.

[2] Migration Regulations 1994 (Cth), r.2.03A(3).

[3] Migration Regulations, r. 2.03(4)-(5).