The Angkawijaya v. Minister for Immigration and Border Protection case sheds light on the Australian partner visa process, illustrating that “romantic love” isn’t essential to qualify for a Partner Visa (subclass 820/801). Instead, Australian immigration law focuses on the genuine nature of the relationship, demonstrated through commitment and shared life, rather than emotional aspects like love.
Background of the Partner Visa Applicant: Ms Angkawijaya
- Ms. Angkawijaya, an Indonesian citizen, applied for a Partner Visa (subclass 820/801) in 2009 based on her de facto relationship with Mr. Limberiou.
- Her previous attempts to obtain a protection visa between 1997 and 2000 were unsuccessful, leading to an unlawful stay in Australia.
- During her stay, she married someone, but they divorced in 2008 after discovering he was ineligible to sponsor her visa.
- She met Mr. Limberiou in 2006, and the couple began living together in 2008.
Partner Visa Grant and Refusal
- Ms. Angkawijaya was granted a temporary subclass 820 visa in May 2010, but her application for the permanent Partner visa subclass 801 visa was rejected.
- The refusal cited concerns about the relationship, focusing on the significant age gap and the lack of “romantic love.”
- The tribunal claimed their relationship did not meet traditional Australian standards for a genuine partnership.
Partner Visa Appeal and Federal Circuit Court Ruling
Ms. Angkawijaya appealed to the Federal Circuit Court (FCCA), arguing that the tribunal’s decision was biased and that it wrongly applied the de facto relationship criteria. Judge Driver of the FCCA ruled in her favour, stating that:
- The tribunal should not judge the couple’s motives for entering the relationship.
- The key factor is whether both parties have a mutual commitment to a shared life together, not their romantic feelings.
The ruling established that romantic love is not a legal requirement for a partner visa, as long as the couple can demonstrate they are genuinely living a shared life.
Key Takeaways:
- Romantic love is not required for partner visa approval in Australia. What matters is:
- Evidence of a commitment to a shared life, such as joint financial responsibilities, household arrangements, and social recognition.
- The relationship must be genuine and ongoing, but the reasons for the relationship (like love) are not significant to the visa decision.
- Factors that demonstrate a shared life include:
- Financial aspects (joint bank accounts, shared expenses)
- Social recognition (photos, testimonies from friends)
- Household duties (shared living arrangements)
- Commitment to each other and to the relationship
The Angkawijaya case sets a valuable precedent, helping applicants understand that Australian immigration law prioritizes the authenticity of a relationship over traditional perceptions of love. As long as the partnership is genuine and have sufficient evidence to meet the four factors of the partner visa, de facto couples have a strong chance of success.
Need help with your Partner Visa application?
Albert Arthur Lawyers specialize in Australian immigration law and offer expert advice for navigating the partner visa process. Contact us today for a consultation!
