Khruapanich (Migration)

The Administrative Appeals Tribunal considered an application by Khruapanich for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed to be the de facto partner of an Australian citizen sponsor. The primary dispute concerned whether the applicant and sponsor were in a genuine and continuing de facto relationship, meeting the requirements of the *Migration Act 1994* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal was required to determine if the applicant was the de facto partner of the sponsor at the time of the visa application and at the time of the decision, and if the applicant met the criteria for a de facto relationship as defined by section 5CB of the Act and regulation 2.03A of the Regulations. This involved assessing the financial, household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal reasoned that while the initial application may have lacked sufficient evidence, a substantial volume of additional information had been provided since the refusal. This included financial statements, correspondence, statutory declarations from third parties, photographs, social media posts, travel documents, and relationship statements and certificates. The Tribunal considered this new evidence, much of which was contemporaneous with the application, to be directly relevant to the assessment of the de facto relationship under regulation 1.09A.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations, and regulation 2.03A.