Article by Manny Wood published in the Coffs Coast News Of The Area on 13 March 2026.
Anita, a foreign citizen, has been living in Australia on a temporary visa and has been unsuccessful in obtaining a long-term visa.
Anita meets an elderly Australian widower while volunteering at a neighbourhood community centre.
Patrick is 85 years old and has lived alone since his wife died six years earlier. Anita initially visits regularly and helps with everyday tasks such as cooking, organising medication and accompanying him to medical appointments. Over time, Anita moves into Patrick’s home and the two begin living together.
After two years, Anita applies for a partner visa on the basis that she is Patrick’s de facto partner. Patrick supports the application and provides a statutory declaration confirming they share a household and intend to remain together long term.
During the visa assessment process, a departmental officer interviews Anita and Patrick separately. Some answers differ. Anita explains that she cares deeply for Patrick but finds it difficult to describe romantic feelings. The officer forms the view that Anita may be acting more as a carer than a genuine partner.
The application is refused on the basis that the Department is not satisfied that Anita and Patrick are in a genuine de facto relationship, deciding their relationship to involve Anita providing care and companionship, rather than romantic love.
Anita seeks review before the Administrative Appeals Tribunal. The Tribunal concludes the arrangement resembles an agreement to meet each other’s needs rather than a genuine relationship.
Anita seeks judicial review in the Federal Court.
The Court observes that the Migration Act requires decision-makers to consider whether the parties have a mutual commitment to a shared life together in light of all the circumstances. While love or affection may be relevant, the absence of romantic love does not necessarily prevent a genuine de facto relationship from existing.
The Court finds the Tribunal erred by treating the lack of romantic love as determinative of whether a genuine de facto relationship existed.
Thank you to Ellysha Laklem for her assistance with this column.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.
This fictional column is not legal advice.
