Elizalde Ruiz (Migration)

The Administrative Appeals Tribunal considered an application by Carlos Eugenio Elizalde Ruiz, a citizen of Mexico, for a Partner (Temporary) (Class UK) visa, Subclass 820. Mr. Ruiz claimed to be in a genuine and continuing de facto relationship with Gregory George, an Australian citizen. The core of the dispute revolved around whether the parties had established a de facto relationship that met the criteria for the visa at the time of application and at the time of the decision.

The Tribunal was required to determine whether the parties were in a de facto relationship, assessing the financial, household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994. Specifically, the Tribunal needed to consider all the circumstances of the relationship, including evidence of events occurring after the visa application, if such evidence logically tended to show the existence or non-existence of the relationship at the time of application. The Tribunal also had to consider whether the parties met the additional criteria for a de facto relationship under regulation 2.03A, including the duration of the relationship and its registration.

The Tribunal reasoned that while the visa applicant initially provided limited documentary evidence to the Department of Home Affairs, further evidence was presented to the Tribunal that was not available to the primary decision-maker. Applying the principles established in cases such as *Ally v MIAC* and *Jayasinghe v MIMA*, the Tribunal considered evidence of subsequent events to illuminate the nature of the relationship at the time of application. The Tribunal found that the parties had a mutual commitment to a shared life, that their relationship was genuine and continuing, and that they lived together. The Tribunal was satisfied that the parties met the criteria for a de facto relationship, including the registration of their relationship, which exempted them from the usual 12-month cohabitation requirement.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for a Subclass 820 (Partner) visa.