Giri (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (subclass 820) made by an applicant who was the partner of an Australian citizen. The sponsorship for the visa had been withdrawn, and the core of the dispute concerned whether the applicant and their partner remained in a genuine and continuing relationship characterised by a mutual commitment to a shared life.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically whether the relationship had ceased and if there was a mutual commitment to a shared life at the time of the decision. This involved assessing the nature of the relationship and the circumstances surrounding the withdrawal of the sponsorship.

In reaching its decision, the Tribunal found that the applicant did not satisfy the necessary criteria for the visa. This conclusion was based on the assessment that the relationship had ceased and that there was no longer a mutual commitment to a shared life between the applicant and their partner. Consequently, the Tribunal affirmed the original decision not to grant the applicant the Partner (Temporary) (Class UK) visa.