KAO (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of KAO for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant sought review of a decision not to grant the visa, following the withdrawal of sponsorship by the applicant's partner. Despite an extension of time being granted for the applicant to respond to a request for further information, no response was provided within the prescribed period.

The primary legal issue before the Tribunal was whether the applicant could satisfy the criteria for the grant of the visa, specifically in light of the withdrawn sponsorship and the applicant's failure to provide a response to the invitation to comment. The Tribunal was required to determine if the applicant had met the requirements of clause 801.221(2) of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had failed to satisfy the criteria in clause 801.221(2) because no response was provided to the invitation to comment within the stipulated timeframe. This failure meant that the applicant could not demonstrate that they continued to meet the requirements for the visa. Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Residence) visa.