Alves Pires (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student) visa, by an applicant who claimed to be in a de facto relationship with the primary visa holder, Ms Fonseca. The applicant, an IT Planning Analyst from Brazil, and Ms Fonseca, a Chemical Engineer from Colombia, had resided in Perth since January 2024. The core of the dispute revolved around whether the applicant met the Genuine Temporary Entrant (GTE) criteria, specifically concerning their claimed de facto relationship and their intentions regarding their stay in Australia.

The legal issues before the Tribunal were whether the applicant and Ms Fonseca were in a de facto relationship as defined by section 5CB of the Act, whether the applicant was a member of Ms Fonseca's family unit, whether Ms Fonseca met the primary criteria for and held the student visa, and whether the applicant was a genuine applicant for entry and stay as a member of the family unit. The Tribunal was required to be satisfied as to all these matters to find that the applicant met the GTE criteria under clause 500.312 of Schedule 2 to the Regulations.

The Tribunal considered evidence including a Brazilian 'Declaration of Civil Union' issued in September 2021, which certified the parties' stable civil union since February 2019, with the purpose of establishing a family and adhering to duties of loyalty, respect, assistance, support, and education of children. The Tribunal also noted the parties' stated intention to return to Brazil after Ms Fonseca completed her studies, to resume their careers and re-establish their lives there, with plans to travel to other English-speaking countries beforehand. The Tribunal concluded that the applicant met the criteria under clause 500.312 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration with the direction that the applicant meets the criteria for a 500 (Student) visa, specifically sub-clause 500.312 of Schedule 2 to the Regulations.