2204277 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought review of a decision to refuse the visa. The primary issue before the Tribunal was whether the applicant met the time of decision requirements stipulated in clause 820.221 of the Migration Regulations 1994.

The court was required to determine if the applicant continued to meet the time of application requirements under clause 820.211, or if any of the alternative criteria under clause 820.221 were met. These alternatives include circumstances where the sponsoring partner has died, where family violence has been committed by the sponsoring partner, or where court orders or obligations relating to a child exist. The applicant stated that her relationship with the sponsoring partner ceased in September 2020 and that she had not experienced physical family violence.

The Tribunal found that the applicant did not continue to be in a de facto relationship with the sponsoring partner at the time of the decision. The applicant also confirmed that the sponsoring partner was not deceased and that there were no relevant court orders or obligations concerning a child. Crucially, the applicant stated she did not know if she had suffered family violence, did not experience physical family violence, and did not intend to obtain any evidence to support a claim of family violence. The Tribunal was satisfied that no evidence was presented to meet any of the alternative criteria in clause 820.221(2) and (3).

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