Dao (Migration)

The Administrative Appeals Tribunal affirmed the delegate's decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820) to the applicant, Ms. Dao. The delegate's refusal was based on the applicant no longer meeting the relationship criteria for the visa, specifically that her relationship with her sponsor had ceased and there was no continuing de facto relationship.

The Tribunal was required to determine whether the applicant continued to meet the criteria for the grant of a Partner (Temporary) visa, having regard to the cessation of her relationship with the sponsor. This involved assessing whether the applicant could still satisfy the requirements of the *Migration Regulations 1994* (Cth) concerning a genuine and continuing relationship.

In its reasoning, the Tribunal considered the evidence presented regarding the status of the relationship between the applicant and her sponsor. It found that the relationship had indeed ceased, and there was no evidence to suggest a continuing de facto relationship as required by the regulations. Consequently, the applicant could no longer satisfy the essential criteria for the grant of the visa. The Tribunal affirmed the delegate's decision.