Khamkaew (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by the applicant, who claimed to be the de facto partner of an Australian citizen sponsor. The central dispute was whether the parties could satisfy the Tribunal that they were in a genuine de facto partnership for the purposes of the *Migration Act 1994* (Cth) and associated Regulations.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship as defined by section 5CB of the Act. This involved assessing whether they had a mutual commitment to a shared life to the exclusion of all others, that the relationship was genuine and continuing, that they lived together or did not live separately and apart on a permanent basis, and that they were not related by family. In making this determination, the Tribunal had to consider all circumstances of the relationship, including financial aspects, the nature of their household, social aspects, and their commitment to each other, as outlined in regulation 1.09A(3).

The Tribunal found that the parties had provided sufficient evidence to satisfy the Tribunal regarding the financial pooling within their relationship and that they were accepted by friends as being in a de facto relationship, undertaking joint social activities. However, the provided text indicates that the Tribunal concluded the matter should be remitted for reconsideration, implying that not all criteria had been fully assessed or satisfied at that stage. The Tribunal remitted the application for the visa with a direction that the applicant met specific criteria, namely clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.