Baptistella (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision by the Minister for Immigration and Border Protection to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Ms Baptistella, sought to establish that she was in a de facto relationship with her sponsor for at least 12 months prior to making her visa application. The sponsor had previously lived with his parents, and then the couple had resided in a rental apartment.

The primary legal issue before the Tribunal was whether Ms Baptistella and her sponsor had demonstrated a de facto relationship that met the legislative requirements for the visa. This involved assessing the financial, household, and social aspects of their relationship, as well as their commitment to each other and their intention to marry. The Tribunal was required to determine if the evidence presented satisfied the definition of a de facto relationship as stipulated in the relevant migration legislation.

In reaching its decision, the Tribunal analysed the evidence concerning the couple's shared living arrangements, their financial interdependence, and the social recognition of their relationship. It considered the nature of their commitment to each other, including their plans for the future and any intention to marry. The Tribunal ultimately found that the evidence did not sufficiently establish the requisite de facto relationship for the period mandated by the legislation. Consequently, the Tribunal remitted the decision to the delegate for reconsideration, indicating that further assessment was required.