1513109 (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of the applicant, a citizen of Vietnam, for a Partner (Temporary) (Class UK) visa. The applicant sought review of the delegate's decision to refuse to grant the visa. The primary issue before the Tribunal was whether the applicant and her sponsor had a genuine and continuing relationship as a de facto couple at the time of the visa application and at the time of the decision.

The Tribunal was required to determine whether the applicant and her sponsor met the definition of a de facto partner under the *Migration Regulations 1994* (Cth). This involved assessing whether they had a relationship as a couple living together on a genuine and continuing basis, and whether they had been in such a relationship for at least 12 months immediately prior to the application, or if they had registered their relationship under a prescribed law. The Tribunal also had to consider the specific criteria for the Partner (Temporary) (Class UK) visa, including the genuineness of the relationship and the applicant's eligibility for the visa.

In reaching its decision, the Tribunal considered various forms of evidence presented by the applicant and sponsor, including statutory declarations, joint bank accounts, utility bills, photographs, and evidence of social interaction. The Tribunal applied the principles established in case law regarding the assessment of de facto relationships, focusing on the four criteria outlined in Regulation 1.15A(2) of the *Migration Regulations 1994*: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment to a shared life. The Tribunal found that the evidence did not sufficiently demonstrate that the applicant and sponsor were living together on a genuine and continuing basis, nor that they had been in such a relationship for the required period.

The Tribunal affirmed the delegate's decision to refuse the visa application.