Bhardwaj (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant, Mr. Bhardwaj, had applied for the visa on 13 August 2018, sponsored by his spouse. The primary decision maker refused the application because the applicant no longer met the requirements of clause 820.211 of the Migration Regulations 1994 at the time of the decision. The applicant sought review of this refusal by the Tribunal.

The Tribunal was required to determine whether the applicant continued to meet the criteria for the grant of the visa, specifically whether he remained sponsored by his spouse at the time of the decision. This involved considering whether the applicant's relationship with his sponsor was still valid and whether the sponsorship, which had been withdrawn by the sponsor, remained in force. The Tribunal also considered whether any exceptions to the sponsorship requirement, such as those relating to family violence, might apply.

The Tribunal noted that the applicant and sponsor were validly married at the time of application, and the applicant was initially sponsored. However, the sponsor withdrew her sponsorship on 15 January 2020, and the parties separated around December 2019, subsequently divorcing in 2020. The applicant did not respond to a procedural fairness letter informing him of the withdrawn sponsorship, stating he was depressed. At the hearing, the applicant confirmed the separation, divorce, and lack of reconciliation. While the Tribunal informed the applicant of potential exceptions to the sponsorship requirement, including the family violence exception, the applicant had not provided the necessary evidence to support such a claim, and it was unclear if the circumstances would even qualify.

Consequently, the Tribunal affirmed the decision not to grant the visa. The applicant failed to satisfy the criterion that he be sponsored by his spouse at the time of the decision, and no applicable exceptions were established.