Kumar (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by Mr. Kumar. The applicant's sponsoring partner had withdrawn their sponsorship, and the applicant had not responded to an invitation to comment on this information or provide evidence relevant to any exceptions to the sponsorship requirement. The decision under review was affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicant continued to meet the criteria for a Subclass 801 visa, specifically concerning the requirement to be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, and to be sponsored by that partner at the time of the decision. The Tribunal also considered whether any exceptions to these requirements, such as the death of the sponsor, family violence, or circumstances involving a child, were applicable.

The Tribunal reasoned that the applicant had failed to provide any comments or evidence to demonstrate that the relationship with the sponsor continued or that sponsorship had been maintained. Furthermore, the applicant had not presented any information to support the existence of any of the specified exceptions to the sponsorship requirement. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria under cl.801.221 of the Migration Regulations 1994.

The Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.