Joshi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of the delegate's decision to refuse the visa. The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, including the genuineness of the spousal relationship and the applicant's immigration history.

The Tribunal was tasked with assessing the credibility of the applicant and her sponsor, particularly in light of several concerning factors. These included the applicant's immigration history, which involved a previous student visa cancellation, and the timing of her Partner visa application. Further issues arose concerning the paternity of a claimed child, with evidence of an altered birth certificate and a refusal to undergo DNA testing. The sponsor's failure to attend the hearing and their social media activity also raised questions about their knowledge of each other's lives and the authenticity of the relationship.

The Tribunal found that the applicant did not satisfy the criteria for the grant of the visa. The decision under review, which refused the visa, was affirmed.