Rigitano (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Ms Rigitano, sought to demonstrate a genuine and continuing de facto relationship with her partner. The primary issues before the Tribunal were whether the applicant and her partner were in a genuine de facto relationship, and if so, whether they had provided sufficient evidence to satisfy the criteria relating to the financial aspects, the nature of their household, the social aspects of their relationship, and the nature of their commitment to each other.

The Tribunal was required to assess the evidence presented by the applicant in relation to these four criteria. This included examining documentary evidence and statements concerning their shared finances, how they managed their household, their social interactions and how they presented their relationship to others, and the level of commitment they had to one another. The fact that the relationship was registered under the *Births, Deaths and Marriages Act 1995* (NSW) was a significant factor to be taken into account, but not determinative in itself.

In its reasoning, the Tribunal acknowledged the registration of the relationship as strong evidence of commitment. However, it also noted that the assessment of the other criteria required a holistic evaluation of all the evidence. The Tribunal found that while some aspects of the relationship were well-supported, there were deficiencies in the evidence provided concerning the financial and household aspects, and the nature of the commitment. Consequently, the Tribunal determined that the decision under review could not be affirmed on the material before it. The Tribunal remitted the matter to the Department of Home Affairs for reconsideration.