Benson (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Benson (the applicant) for a Partner (Residence) (Class BS) Subclass 801 visa. The dispute arose because the applicant's sponsor withdrew their sponsorship, and the applicant failed to provide sufficient evidence to satisfy the visa criteria.

The primary legal issue before the Tribunal was whether the applicant met the requirements for the grant of the Subclass 801 visa, particularly in circumstances where the relationship had ceased and the sponsor had withdrawn. This required the Tribunal to assess the evidence presented by the applicant in light of the relevant migration regulations.

The Tribunal affirmed the decision not to grant the visa. This decision was based on the applicant's failure to provide adequate evidence to overcome the withdrawal of sponsorship and demonstrate that they continued to meet the criteria for the visa. The Tribunal found that the applicant did not satisfy the requirements for the grant of the visa.