Leonard (Migration)

This matter concerned an appeal by Mr Leonard against a decision of the Tribunal to affirm the refusal of his Partner (Residence) (Class BS) visa, Subclass 801. The core of the dispute was whether Mr Leonard continued to meet the sponsorship requirements for the visa after his relationship with the sponsoring partner, Ms Rossiter, had broken down. The decision was made by Member Glynis Bartley of the Tribunal.

The legal issues before the Tribunal were whether Mr Leonard continued to be sponsored by Ms Rossiter and whether he remained the spouse or de facto partner of Ms Rossiter at the time of the decision, as required by clause 801.221(2) of the Migration Regulations 1994. The Tribunal also had to consider whether any of the exceptions to this requirement, as set out in clauses 801.221(5) and (6), were applicable.

The Tribunal accepted Mr Leonard's evidence that his relationship with Ms Rossiter had broken down and that they were no longer in a spousal or de facto partnership. Ms Rossiter had previously withdrawn her sponsorship, and although she later recanted, Mr Leonard did not provide further information to the Department regarding the relationship. The Tribunal found that none of the exceptions to the sponsorship requirement applied: Ms Rossiter was alive, there was no evidence of family violence, and Mr Leonard confirmed there were no ongoing legal rights or obligations concerning a child. Consequently, Mr Leonard did not satisfy the criteria for the grant of the visa.

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