1. The applicant and sponsor have provided statements addressing the social aspects of their relationship. They each claim to have spent time with family and friends together and claim that their respective families are supportive of the relationship. The applicant's mother has travelled to Australia and met with the sponsor, and the applicant and sponsor have travelled together to France where the applicant met the sponsor's family. The applicant's sister also resides in Australia and the applicant and sponsor claim to frequently spend time with the applicant's sister and sister's partner.
2. The applicant has provided photos evidencing the claims made in their statement, they have also provided 2 form 888s from friends when the application was submitted in 2021 and 2 new form 888s were submitted to the Tribunal in 2025. The photographic evidence shows the couple together with the applicant's mother and sister, with the sponsor's family in France and with a variety of different friends at social events and special events including the sponsor's 35th and 40th birthdays (which took place in 2020 and 2025).
3. The Tribunal finds that the evidence relating to the social aspects of the relationship weighs in favour of review applicant, and demonstrates that they have presented to friends, family and the community as being in a relationship from 2020 to date.

1. The applicant and sponsor have provided statements setting out how their relationship developed, what they love about one another, and their plans for the future. The statements describe how the applicant has provided support to the sponsor at challenging times including during the passing of relatives, and the sponsor's mother undergoing medical treatment. The applicant describes in her statement the support gained from the sponsor including supporting her with her career goals.
2. The applicant has provided evidence of the applicant and the sponsor sharing important events and shared interests. The applicant has provided evidence of having engaged in travel with the sponsor including to Bali in 2020, Sydney in 2021, Melbourne 2022 and to Europe in 2025. The applicant has provided a photograph of the applicant and sponsor at the sponsor's citizenship ceremony.
3. The applicant and sponsor became engaged in Paris in 2025, and have provided evidence of their engagement by way of photographs and the more recent witness statements refer to this event.
4. The applicant and sponsor have described how they plan to marry in early 2027 and that they are in the process of looking at wedding venues, that they would like to purchase a family home and start a family in the future.
5. From the evidence provided the Tribunal is satisfied that the applicant and sponsor are in a genuine and committed relationship and that they see the relationship as a long-term one. The Tribunal is satisfied that the evidence of the nature of the applicant and sponsor's commitment to one another is in favour of the review applicant.

1. The Tribunal has considered each of the specific matters contained in regulation 1.09A(3) separately and as a whole. Having considered the evidence the Tribunal is satisfied that the applicant and the sponsor commenced a de facto relationship in 2020, as claimed, and that they have continued their relationship. The Tribunal is therefore satisfied that the applicant and sponsor were in a de facto relationship at the time of application, being April 2021.
2. The Tribunal is satisfied that the applicant and sponsor are in a genuine and continuing relationship, that they have a mutual commitment to a shared life to the exclusion of all others and that they live together. The Tribunal is satisfied on the evidence before it that the relationship has continued and that they remain in a de facto relationship as at the date of this decision.
3. On the basis of the above the Tribunal is satisfied that the requirements of s 5CB(2) are met at the time the visa application was made and at the time of this decision.
4. Therefore, the Tribunal concludes that the review applicant meets cl 820.211(2) and 820.221(1).

1. Given the findings above, the appropriate course is to set aside the decision under review and remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 820 visa.

1. The Tribunal sets aside the decision under review and remits the application for a Partner (Temporary) (Class UK) visa for reconsideration in accordance with the order that the applicant meets the following criteria for a Subclass 820 (Partner) visa:
   • cl 820.211(2) of Schedule 2 to the Regulations
   • cl 820.221(1) of Schedule 2 to the Regulations
   • reg 2.03A

**ATTACHMENT - Extract from Migration Regulations 1994

(1) For subsection 5CB (3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB (2) (a), (b), (c) and (d) of the Act exist.

Note 1 See regulation 2.03A for the prescribed criteria applicable to de facto partners.

Note 2 The effect of subsection 5CB (1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.

Subsection 5CB (2) sets out conditions about whether a de facto relationship exists, and subsection 5CB (3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions exist.

(2) If the Minister is considering an application for:

(a) a Partner (Migrant) (Class BC) visa; or

(b) a Partner (Provisional) (Class UF) visa; or

(c) a Partner (Residence) (Class BS) visa; or

(d) a Partner (Temporary) (Class UK) visa;

the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).

(a) the financial aspects of the relationship, including:

(i) any joint ownership of real estate or other major assets; and

(ii) any joint liabilities; and

(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and

(iv) whether one person in the relationship owes any legal obligation in respect of the other; and

(v) the basis of any sharing of day to day household expenses; and

(b) the nature of the household, including:

(i) any joint responsibility for the care and support of children; and

(ii) the living arrangements of the persons; and

(iii) any sharing of the responsibility for housework; and

(c) the social aspects of the relationship, including:

(i) whether the persons represent themselves to other people as being in a de facto relationship with each other; and

(ii) the opinion of the persons' friends and acquaintances about the nature of the relationship; and

(iii) any basis on which the persons plan and undertake joint social activities; and

(d) the nature of the persons' commitment to each other, including:

(i) the duration of the relationship; and

(ii) the length of time during which the persons have lived together; and

(iii) the degree of companionship and emotional support that the persons draw from each other; and

(iv) whether the persons see the relationship as a long term one.

(4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).