LerthiranWorachot (Migration)

The Administrative Appeals Tribunal considered an application by Lerthiran Worachot for a Partner (Temporary) (Class UK) visa. The applicant sought review of a decision not to grant the visa, which was based on the applicant not being considered the de facto partner of the sponsor. The sponsor, an Australian citizen, had repeatedly withdrawn and reinstated his sponsorship during the application process.

The primary legal issue before the Tribunal was whether the applicant was the de facto partner of the sponsor, as defined by section 5CB of the *Migration Act 1958* (Cth). This required the Tribunal to determine if the parties had a mutual commitment to a shared life to the exclusion of all others, if the relationship was genuine and continuing, if they lived together or did not live separately and apart on a permanent basis, and if they were not related by family. The Tribunal was required to consider all circumstances of the relationship, including financial and social aspects, and the nature of their household.

The Tribunal found that while the parties had commenced living together and expressed a commitment to a shared life, there was insufficient evidence to establish a genuine and continuing de facto relationship. Specifically, the Tribunal noted a lack of evidence regarding joint assets, liabilities, or the pooling of financial resources beyond initial bank statements from 2013 and 2014. Furthermore, there was no evidence presented concerning the nature of their household or shared responsibilities. The sponsor's repeated withdrawal of sponsorship also indicated a lack of consistent commitment.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, concluding that the applicant did not satisfy the criteria for the visa.