Muenkrai (Migration)

This matter concerned an application for review of a decision not to grant a Partner (Temporary) (Class UK) visa (subclass 820). The applicant, a citizen of Thailand, was sponsored by an Australian citizen. The sponsor notified the Department of Home Affairs that the parties had separated and subsequently withdrew their sponsorship. The applicant responded to a natural justice letter, acknowledging the cessation of the relationship but not claiming to be a victim of family violence.

The primary legal issues before the Tribunal were whether the applicant continued to meet the sponsorship requirements at the time of the decision, and whether any exceptions to these requirements applied. Specifically, the Tribunal considered whether the applicant still had an approved and in-force sponsorship, and if the cessation of the relationship could be overcome under the provisions of clause 820.221 of the Migration Regulations 1994, which allows for the continuation of an application in cases of sponsor death, family violence, or involvement with children under certain Family Law Act orders.

The Tribunal reasoned that at the time of the decision, the applicant was no longer in a relationship with the sponsoring partner, and the sponsor had withdrawn their sponsorship. The applicant did not contest the cessation of the relationship and did not allege family violence. Furthermore, the applicant did not satisfy the criteria under clause 820.221(3) as there was no indication of family violence or any circumstances involving children that would permit the application to proceed without the sponsor's continued support. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of the visa.

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