Adhikari (Migration)

The applicant, Mr. Adhikari, sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) affirming the refusal to grant him a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The core of the dispute was whether Mr. Adhikari had a valid spousal relationship with his sponsor at the time the visa decision was made.

The Tribunal was required to determine whether Mr. Adhikari satisfied the criteria for the grant of the visa, specifically concerning the existence of a genuine and continuing spousal relationship. This involved assessing whether the relationship had ended prior to the decision being made, thereby disqualifying him from meeting the visa requirements.

Senior Member Kira Raif affirmed the Tribunal's decision not to grant the visa. The reasoning, as indicated by the outcome, was that the applicant did not satisfy the necessary criteria for the visa grant. This implies a finding that the spousal relationship had ceased to exist at the relevant time, rendering the applicant ineligible for the Partner (Residence) visa.