Khy (Migration)

This matter concerned an appeal by Khy against a decision of the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute revolved around the genuineness and continuing nature of the applicant's relationship with his sponsor, which was challenged following an allegation that the couple were not living together and that their marriage certificate was not valid.

The Tribunal was required to determine whether the applicant and the sponsor were in a genuine and continuing relationship as required for the subclass 820 visa. This involved assessing the credibility of the applicant's evidence regarding how the couple met, the progression of their relationship, their living arrangements, and the circumstances surrounding their engagement and marriage.

The Tribunal affirmed the decision under review, finding that the applicant's evidence lacked credibility and did not establish a genuine and continuing relationship. The applicant's account of meeting the sponsor in Cambodia in 2007, their subsequent communication via social media in 2014, and the rapid progression to engagement and marriage raised significant doubts. In particular, the Tribunal noted inconsistencies and vagueness in the applicant's testimony regarding key events, such as the wedding of his brother to the sponsor's sister, the sponsor's attendance at that wedding, and the attendance of both sets of parents at the engagement ceremony. The applicant's explanation for the sponsor's visit to Cambodia in 2014 and the subsequent confession of love and engagement within a short timeframe, coupled with the lack of clear evidence of a shared life, led the Tribunal to conclude that the relationship was not genuine.