Durante (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) Subclass 820 visa. The applicant sought review of a decision concerning the genuineness of their de facto relationship.

The primary legal issue before the Tribunal was whether the applicant had established a genuine de facto relationship for the purposes of the Subclass 820 visa. The Tribunal was also required to consider the evidence provided by the applicant, including the registration of their relationship, in its assessment.

The Tribunal found that the applicant had provided sufficient evidence, including the registration of their relationship, to satisfy the criteria relating to the genuineness of the de facto relationship. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.820.211(2) and cl.820.221 of Schedule 2 to the Regulations.