Laszlo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a delegate's decision to refuse the visa. The primary dispute concerned whether the applicant continued to meet the sponsorship requirements at the time of the Tribunal's decision, given that the relationship with the sponsor had ceased.

The Tribunal was required to determine if the applicant satisfied the sponsorship requirements under both clause 820.211(2)(c) at the time of application and clause 820.221(1)(a) at the time of the decision. Specifically, the Tribunal had to consider whether the applicant was sponsored by an eligible person at the time of application and whether this sponsorship continued to be valid at the time of the decision, taking into account any applicable exceptions.

The Tribunal found that while the applicant met the sponsorship requirement at the time of application, as evidenced by the sponsor's initial support, this requirement was not met at the time of the decision. The sponsor had informed the Tribunal that the relationship had ceased and that she was filing for divorce, withdrawing her sponsorship. The applicant confirmed this information and acknowledged that none of the exceptions to the continuing sponsorship requirement, such as death of the sponsor, family violence, or the involvement of a child, applied to his circumstances. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the delegate's decision not to grant the applicant a Partner (Temporary) (Class UK) visa.