No need to prove ‘love’ in a partner visa application
Faced with an appeal involving a relationship between a 90-year old man and his Indonesian de facto partner, Ms Angkawijaya aged almost 60, the Full Federal Court recently considered whether there must be love and affection for there to be a genuine spousal or de facto relationship.
The couple’s circumstances and explanations did not fit well into what the delegate and subsequently, the Tribunal expected to see in a relationship. When the member asked Ms Angkawijaya about the reason for her partner visa application, she said that, “she loved [Mr Limberiou] and she loved people generally” and that when she was asked if she loved him more than she loved people generally she said that she “loves all” and “loves everybody”.
Given her ambivalence about her feelings towards Mr Limberiou, and the other concerns, the Tribunal concluded that it was not satisfied that the couple had a mutual commitment to a shared life together. The Tribunal held that a de facto relationship which in the circumstances of this case did not include love and affection was not and could not be a de facto relationship within s 5CB(2) of the Act
However, the Full Federal Court found that the Tribunal erred and held that, “A couple may have a commitment to each other to a shared life together as partners in the absence of what one might call emotional or romantic love.”
In their joint judgement, Kenny and Griffiths JJ stated:
51. All the matters and considerations which are set out in reg 1.09A(3) may properly be described as relevant considerations which the decisionmaker is bound to take into account because the legislation so requires.
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