Arcilla (Migration)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse a Partner (Temporary) (Class UK) visa (subclass 820) to the applicant, Ms Arcilla. The refusal was based on the Minister's finding that Ms Arcilla had not established that she was in a genuine de facto relationship with her sponsor.

The Tribunal was required to determine whether Ms Arcilla and her sponsor were in a genuine and continuing de facto relationship at the time of the application, considering the criteria set out in the *Migration Regulations 1994* (Cth). This involved assessing the various aspects of their relationship, including the financial and social elements, the nature of their household and living arrangements, their commitment to each other, and their knowledge of each other's families.

In its reasoning, the Tribunal considered evidence relating to the joint ownership of assets and the pooling of financial resources, as well as Ms Arcilla's status as a beneficiary in her sponsor's will. It also examined the nature of their household and living arrangements, the social aspects of their relationship, the provision of financial support, and the extent of their knowledge of each other's families. The Tribunal noted that the relationship had been registered. Ultimately, the Tribunal found that the Minister's decision was not based on a proper consideration of all the evidence and that the applicant had provided sufficient evidence to establish a genuine de facto relationship.

The Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration according to law.