1715039 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, subclass 801 (Partner). The applicant sought review of a decision not to grant the visa, with the central issue being whether the applicant had experienced family violence after their sponsor withdrew their sponsorship.

The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly in light of the relationship ending and the applicant's claims of family violence occurring subsequent to the sponsorship withdrawal. A further issue was the applicant's failure to respond to communications from the Tribunal under section 359 of the *Migration Act 1958* (Cth).

The Senior Member noted that the applicant had not provided a response to the Tribunal's communication under section 359, which invited the applicant to provide further information or submissions. In the absence of such a response, and without sufficient evidence to establish the alleged family violence occurring after the sponsorship withdrawal, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.