Crozier (Migration)

The Administrative Appeals Tribunal (Crozier) affirmed a delegate's decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought review of this decision, which was based on the finding that the applicant and the sponsor were no longer living together in a spousal relationship and that the applicant was no longer the spouse or de facto partner of the sponsor.

The Tribunal was required to determine whether the applicant continued to meet the criteria for the Partner visa, specifically whether the relationship with the sponsor had ceased, rendering the applicant ineligible for the visa. This involved assessing the nature and genuineness of the relationship at the time of the decision.

The Tribunal reasoned that the evidence presented indicated a cessation of the spousal relationship. It applied the principles governing partner visas, which require the applicant and sponsor to be in a genuine and continuing relationship. As the Tribunal found that the relationship had ceased, the applicant no longer met the essential criteria for the visa. The delegate's decision was therefore affirmed.