Paton (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Visitor (Class FA) visa, Subclass 600, Tourist stream. The applicant sought to review a decision that had refused to grant the visa. The primary issue revolved around whether the visa applicant met the criteria for a genuine temporary entrant, specifically in relation to their relationship with the review applicant.

The Tribunal was required to determine whether the visa applicant genuinely intended to stay temporarily in Australia for the purpose for which the visa was granted, and whether the requirements of clause 600.211 of Schedule 2 to the Migration Regulations 1994 were met. This involved assessing the nature of the relationship between the visa applicant and the review applicant, and whether it constituted a de facto relationship as defined by the Act.

The Tribunal applied the definition of a de facto partner and de facto relationship found in section 5CB of the Migration Act 1958. It considered the elements of a de facto relationship, including a mutual commitment to a shared life to the exclusion of all others, the genuineness and continuing nature of the relationship, whether the parties lived together or did not live separately and apart on a permanent basis, and that they were not related by family. The Tribunal was satisfied that the visa applicant genuinely intended to stay temporarily in Australia for the purpose of visiting the review applicant's children in Australia and that the requirements of clause 600.211 were met.

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