Fagundez (Migration)

This matter concerned an application for review of a decision to refuse a Visitor (Class FA) visa, Subclass 600 (Tourist stream). The review applicant, Mr Fagundez, an Australian citizen, sought review of the refusal of a visa for Ms Rivero, who he claimed was his de facto partner. The Tribunal was required to determine whether the review application was validly made and whether the visa applicant met the criteria for the grant of the visa.

The primary legal issues before the Tribunal were whether the relationship between Mr Fagundez and Ms Rivero constituted a de facto partnership for the purposes of migration law, and whether Ms Rivero genuinely intended to visit Australia temporarily, as required by clause 600.211 of Schedule 2 to the Migration Regulations 1994. The Tribunal also considered whether Mr Fagundez had standing to make the application for review and whether he had substantially complied with the review application form.

The Tribunal found that Mr Fagundez and Ms Rivero were de facto partners and that Mr Fagundez had standing to apply for review. It was also satisfied that the review application was validly made. In considering the visa applicant's intention to visit temporarily, the Tribunal noted the limited supporting documentation provided with the initial application, particularly regarding the nature of the relationship and the reasons for a 12-month visit. However, after considering the review applicant's letter and testimony, and despite some initial doubts raised by the visa applicant's Facebook profile and the lack of further information provided by the review applicant, the Tribunal was ultimately satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted.

Consequently, the Tribunal remitted the applications for Visitor (Class FA) visas for reconsideration, with the direction that the visa applicants meet the criteria for a Subclass 600 (Visitor) (Class FA) visa, specifically clause 600.211 of Schedule 2 to the Regulations.