BAJRA BAJRACHARYA (Migration)

The Administrative Appeals Tribunal considered the application of Bajra Bajracharya for a Partner (Residence) (Class BS) visa, subclass 801. The applicant's relationship had ceased, and their sponsor had withdrawn their sponsorship. The Tribunal had issued a notice under section 359A of the *Migration Act 1958* (Cth), to which there was no response.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the Partner (Residence) visa, specifically in light of the cessation of the relationship and the withdrawal of sponsorship. The Tribunal was required to determine if there were any circumstances, such as family violence or responsibilities towards children, that would allow the visa to be granted despite the relationship breakdown.

The Tribunal found that there was no evidence presented to suggest the sponsor had died, nor any evidence of family violence or responsibilities concerning children. Consequently, the Tribunal was not satisfied that the applicant met the criteria outlined in clause 820.221 of the *Migration Regulations 1994* (Cth). The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.