Cabral de Lima (Migration)

This matter concerned an appeal by Flavia Cabral de Lima against a decision of the Department of Home Affairs regarding her application for a Subclass 500 (Student) visa. Ms. Cabral de Lima applied for the visa on 13 November 2019, asserting she was a member of the family unit of Gustavo Barbosa, who held a student visa. The core dispute revolved around whether Ms. Cabral de Lima met the criteria for being a member of the family unit, specifically whether she and Mr. Barbosa had been in a de facto relationship for at least 12 months prior to her visa application. The Administrative Appeals Tribunal considered the matter.

The Tribunal was required to determine if Ms. Cabral de Lima satisfied clause 500.311 of Schedule 2 to the Migration Regulations, which stipulates that an applicant must be a member of the family unit of a primary visa holder and have been in a de facto relationship for at least 12 months ending immediately before the date of application. This required an assessment of whether the evidence presented demonstrated a de facto relationship of the requisite duration, as defined by Regulation 2.03A, which mandates the Minister be satisfied of a 12-month de facto relationship.

The delegate had previously found that while the relationship was genuine and continuing, there was insufficient evidence of a shared address or finances for the 12 months preceding the application. However, Ms. Cabral de Lima subsequently provided the Tribunal with a relationship certificate registered on 14 November 2019, share house licence agreements dated from 30 November 2019 onwards, and a joint bank statement dated 18 April 2021. The Tribunal found that these documents, particularly when considered in conjunction with the timing of the relationship's formalisation and the subsequent provision of evidence, indicated that the applicant met the criteria under clause 500.311.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Ms. Cabral de Lima met the criteria under clause 500.311 of Schedule 2 to the Regulations.