Mirecki (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, subclass 820, against a decision to refuse the visa. The primary dispute revolved around the applicant's relationship with their sponsoring partner, whose sponsorship had been withdrawn. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, particularly in light of the withdrawn sponsorship.

The legal issues before the Tribunal included whether the applicant continued to be the spouse or de facto partner of the sponsoring partner at the time of the decision, and whether any exceptions to the sponsorship requirements applied. Specifically, the Tribunal had to consider if the sponsor had died, if family violence had occurred, or if there were relevant circumstances concerning a child that would allow for a waiver of the sponsorship requirement. The Tribunal also considered whether the applicant had provided sufficient evidence to demonstrate the continuation of their relationship or the applicability of any exceptions.

The Tribunal reasoned that a key criterion for the subclass 820 visa, as set out in clause 820.221(2)(c) of the Regulations, required the applicant to be the spouse of the sponsoring partner at the time of the decision. The Tribunal noted that the sponsor had withdrawn their sponsorship and that the applicant had not provided any evidence to suggest the relationship continued or that any of the prescribed exceptions to the sponsorship requirement were met. Despite being invited to do so, the applicant failed to provide comments or evidence regarding the end of the relationship, the withdrawal of sponsorship, or any of the potential exceptions. Consequently, the Tribunal was not satisfied that the applicant met the criteria for the grant of the visa.

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