Lee (Migration)

The applicant, Lee, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of a Partner (Residence) (Class BS) visa, subclass 801. The refusal was based on the applicant failing to meet the criteria for sponsorship, as the original sponsor had withdrawn their sponsorship. The applicant did not respond to an invitation to comment on the information regarding the withdrawn sponsorship.

The central legal issue before the Tribunal was whether the applicant could satisfy the requirements of clause 801.221(2) of the Migration Regulations 1994, which mandates that an applicant must be the subject of a sponsorship. The Tribunal was required to determine if the withdrawal of sponsorship by the original sponsor meant the applicant could no longer meet this criterion, and if the applicant's failure to respond to the invitation to comment prejudiced their case.

The Tribunal reasoned that clause 801.221(2) is a mandatory criterion for the grant of a Partner (Permanent) visa. As the sponsorship had been withdrawn, the applicant was no longer the subject of a sponsorship. The Tribunal also noted that the applicant had been given an opportunity to provide information or submissions in response to the withdrawn sponsorship but failed to do so. Consequently, the Tribunal concluded that the applicant could not satisfy the criteria in clause 801.221(2).

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