Bari (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of the delegate's decision not to grant the visa. The sponsoring partner had withdrawn their sponsorship, and there was no evidence presented to the Tribunal to demonstrate a continuing de facto relationship between the applicant and the sponsor at the time of the hearing.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Partner visa, specifically concerning the existence of a genuine and continuing de facto relationship and the sponsor's continued support. The Tribunal also had to consider the applicant's failure to appear at a rescheduled hearing without providing a sufficient reason.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the visa criteria. The withdrawal of sponsorship by the sponsoring partner was a significant factor, and the absence of evidence of a continuing relationship meant the core requirements for a Partner visa were not met. Furthermore, the applicant's non-appearance at the rescheduled hearing, without a valid explanation, contributed to the Tribunal's inability to be satisfied that the applicant met the necessary criteria. The Tribunal therefore affirmed the decision not to grant the visa.