1510454 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision not to grant the applicant a Partner (Residence) (Class BS) visa. The applicant sought to have the AAT set aside the delegate's decision and substitute it with a decision to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Partner (Residence) (Class BS) visa, specifically concerning the nature of the relationship with the sponsor. The Tribunal was required to assess whether the relationship was genuine and continuing, and whether the parties were living together in a genuine marital relationship or a de facto relationship.

The Senior Member, Kira Raif, affirmed the delegate's decision not to grant the visa. The reasons for this affirmation, as indicated by the provided text, are that the applicant did not satisfy the criteria for the grant of the visa. The Tribunal concluded that the evidence presented did not establish that the applicant met the necessary requirements for the Partner (Residence) (Class BS) visa.