Duque Gallego (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Duque Gallego for a Partner (Temporary) (Class UK) visa (Subclass 820). The dispute arose after the applicant's relationship with his sponsor ended and the sponsorship was withdrawn. The delegate of the Minister had previously affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant was entitled to be granted the Partner visa, notwithstanding the termination of the relationship and withdrawal of sponsorship. This required the Tribunal to consider the relevant criteria for the visa subclass and whether they had been met, particularly in light of the changed circumstances.

In reaching its decision, the Tribunal noted that the applicant had not provided a substantive response to an invitation to comment on the changed circumstances. Consequently, the Tribunal was unable to be satisfied that the applicant met the criteria for the grant of the visa. The Tribunal affirmed the delegate's decision.