Lapara (Migration)

This matter concerned an appeal by Ms Lapara against a decision of the delegate of the Minister to refuse her Partner (Temporary) (Class UK) visa, subclass 820. The primary issue was whether Ms Lapara was the de facto partner of Mr Mark James Ellis Hampton at the time of her visa application and at the time of the delegate's decision, as defined by section 5CB of the *Migration Act 1958* (Cth). The delegate had refused the visa on the basis that Ms Lapara had not satisfied the criteria under clause 820.211(2)(a), finding that the evidence did not support a genuine de facto relationship of 12 months prior to the application. Ms Lapara had also informed the Department that her relationship with Mr Hampton had ceased and that she had been a victim of family violence.

The Tribunal was required to determine whether Ms Lapara and Mr Hampton were in a genuine de facto relationship, considering the financial aspects, nature of the household, social aspects, and their commitment to each other. The Tribunal also had to assess the credibility of Ms Lapara's evidence, particularly in light of her claims of relationship cessation and family violence. The hearing was conducted via video conference due to Ms Lapara's remote location, and an interpreter was provided for parts of the proceedings.

The Tribunal found Ms Lapara to be a credible witness, accepting her evidence without hesitation. She testified that she met Mr Hampton in 2009 and entered a serious relationship in 2012. Mr Hampton provided accommodation and paid rent for her in the Philippines, while she managed her own living expenses. They established a business together in 2013, though Mr Hampton retained financial control and required his approval for Ms Lapara's management decisions. The Tribunal noted that while there were indicators of a relationship, the delegate was not satisfied that it met the 12-month de facto requirement.