25 May 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
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