Court decision: Determining what is a ‘De facto’ relationship

Court decision: Determining what is a ‘De facto’ relationship

A Federal Court has found that the tribunal (and other decision makers) must apply the definition of de facto under s 5CB of the Migration Act 1958 (Cth) when considering if there is a de facto relationship in existence (if required by the legislation). 

Therefore, the court must consider: 

(a) they have a mutual commitment to a shared life to the exclusion of all others; and

(b) the relationship between them is genuine and continuing; and

(c) they:

(i) live together; or

(ii) do not live separately and apart on a permanent basis; and

(d) they are not related by family (see subsection (4)).


Makhmudkhodjaeva v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 88

Available for reading: https://lnkd.in/de5BeRJ