Parada (Migration)

This matter concerned an appeal by Ms Parada against a decision by a delegate of the Department of Home Affairs to refuse her application for a Class UK Visa. Ms Parada had applied for the visa on 23 February 2018, asserting a de facto relationship with Mr Nicholas Kenneth Turney, who lodged a sponsorship form in support of her application. The delegate had refused the application, finding insufficient evidence that the parties had been in a genuine de facto relationship for the 12 months preceding the application date, as required by the Migration Act. The Administrative Appeals Tribunal heard evidence from both Ms Parada and Mr Turney.

The primary legal issue before the Tribunal was whether Ms Parada and Mr Turney had been in a de facto relationship for a continuous period of at least 12 months prior to the visa application date of 23 February 2018, as required by subclause 820.211(2) of the Migration Regulations. This involved assessing the commencement date of their de facto relationship and whether they had lived separately or apart on a permanent basis at any point during the relevant period. The Tribunal also considered the broader requirements for de facto couples under Sections 5CB and 5F of the Migration Act.

The Tribunal accepted the evidence that Ms Parada and Mr Turney met in July 2016, committed to an exclusive relationship in August 2016, and commenced their de facto relationship on 17 December 2016 during a trip to Bali. The Tribunal was satisfied that the parties did not live separately or apart on a permanent basis between 17 December 2016 and 27 November 2017, when Ms Parada moved permanently to Australia, due to Ms Parada's work commitments in Malaysia. Consequently, the Tribunal found that the 12-month de facto relationship requirement under regulations 1.09A and 2.03A was met. The Tribunal also noted that Ms Parada had never been an unlawful non-citizen in Australia.

The Tribunal found that Ms Parada met the requirements of subclause 820.211(2) and that the parties had resided together for over four years at the time of the decision. The Tribunal was satisfied that all relevant requirements under Sections 5CB and 5F for de facto couples were met.