Shyam Pal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Shyam Pal for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820 (Partner). The applicant sought to establish a genuine de facto relationship with their sponsor for the purposes of the visa application.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to satisfy the delegate that the de facto relationship was genuine and continuing, and that the parties had a mutual commitment to a life together on a shared basis. This required the Tribunal to assess the evidence presented concerning the financial, household, and social aspects of the relationship, as well as the nature of the commitment between the applicant and their sponsor.

The Tribunal found that the evidence provided in support of the application was limited, particularly in relation to the financial, household, and social aspects of the relationship. Crucially, the sponsor failed to appear at the hearing before the Tribunal, and no explanation was offered for this absence. In light of the limited evidence and the unexplained absence of the sponsor, the Tribunal was not satisfied that the de facto relationship was genuine and continuing. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.