Hong (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa made by the applicant, a citizen of South Korea, who sought to establish a de facto relationship with his sponsor, an Australian citizen. The central dispute was whether the applicant and his sponsor were in a genuine and continuing de facto partnership as defined by the *Migration Act 1958* (Cth).

The legal issue before the Tribunal was to determine if the applicant and the sponsor were in a genuine and continuing de facto relationship, satisfying the criteria set out in section 5CB of the *Migration Act 1958* (Cth). This required the Tribunal to consider all circumstances of the relationship, including financial aspects, the nature of their household, social aspects, and their commitment to each other, as further detailed in regulation 1.09A of the *Migration Regulations 1994* (Cth).

The Tribunal found that the evidence presented regarding the financial aspects of the relationship was limited and inconsistent. While there was evidence of a joint bank account, joint lease agreements, and some household purchases, there was no evidence of joint ownership of major assets or significant joint liabilities. The applicant's claims about financial support from his parents and the income derived from a café business he operated with the sponsor were not sufficiently substantiated. Furthermore, the Tribunal noted inconsistencies in the parties' statements and found that the evidence did not satisfy the requirements of section 5CB(2) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, as the applicant had failed to demonstrate that he was in a genuine and continuing de facto relationship with the sponsor.