Traditionally in Australia, spouses or de facto partners of an Australian citizen, permanent resident, or eligible New Zealand citizen must prove a genuine and continuing relationship, requiring at least 12 months of de facto or registered relationship evidence, living together with a mutual commitment to a shared life.
But when faced with an appeal about 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.
Is a mutual commitment to a shared life enough?
The Angkawijaya Case of 2016, and the True Test of a De Facto Partner Relationship shows that “Love”, whilst warmly appealing and compelling, is not a qualification for the grant of a partner visa.
For Australian migration law, the case of Angkawijaya v Minister was a landmark for Immigration and Border Protection. The Full Federal Court, in its 2016 judgment, emphasised that the central concern under the Migration Act is whether the couple shares a mutual commitment to a shared life, not the intensity of their emotional connection.
The circumstances were not straightforward, or line up with what the Tribunal expected to see in a relationship. When Ms Angkawijaya was asked 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 and other concerns, about the significant age difference and unconventional dynamics, 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
In essence, the relationship was judged on personal values, rather than on statutory requirements. The Full Federal Court 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.”
Statutory Requirements – the law doesn’t demand Valentines
The Full Federal Court decisively overturned that determining that emotional intimacy is relevant but not determinative. Judge Driver emphasized that the law requires a holistic assessment under Regulation 1.09A, which mandates consideration of all relevant circumstances—not just sentimental ones. In the court’s view: “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, just a genuine, ongoing, and exclusive commitment to building life together.
Is being in love necessary for marriage ( or a de facto Relationship?)
Examining our own attitudes towards this is interesting. It may be that compatibility and shared values: mutual respect, understanding, and shared goals can be just as important as romantic love, especially in the long term. A stable relationship can thrive on friendship, trust, and shared experiences. Many other cultures may see these values as important.
Phoenix Law and Associates are Family Law and Immigration Law specialists. This case is important as it demonstrates;
- For partner visa applicants, it’s important to record solid evidence; as financial interdependence, joint household arrangements, social recognition, plans for the future, can outweigh emotional ambiguity. Demonstrating a shared life project and mutual interdependence – these are the legal markers that matter most.
- Legally, it reinforces that decision-makers must not let personal value judgments trump legal criteria—it ensures fairness across diverse relationship types.
- For society generally; It anchors the legal legitimacy of non-traditional, pragmatic, or caring-focused partnerships in migration processes. No matter how unconventional a couple may appear, the law judges the shared journey, not the passion behind it.
For friendly expert advice on Immigration and Family Law, talk to PHOENIX LAW & ASSOCIATES multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane #JapaneseLawyers #KoreanLawyters #ChineseLawyers #southafrican #SkilledMigration #immigrationaustralia #SpanishSpeaking #crossborderlegalmatters
