Naumovski (Migration)

The applicant, Naumovski, sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal to grant a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The dispute arose because the applicant's relationship had ceased and their sponsor had withdrawn their sponsorship. The AAT had invited the applicant to provide information regarding these circumstances, but no substantive response was received.

The primary legal issue before the AAT was whether the applicant continued to satisfy the criteria for the grant of the visa, particularly in light of the cessation of the relationship and the withdrawal of sponsorship. This required the AAT to consider the relevant provisions of the Migration Regulations and the applicant's obligation to provide information to substantiate their claim for a visa.

The AAT Member, Mary Urquhart, reasoned that the applicant had failed to provide a substantive response to the invitation to provide information concerning the breakdown of the relationship and the withdrawal of sponsorship. In the absence of such information, the applicant could not satisfy the criteria for the grant of the visa. Consequently, the AAT affirmed the decision not to grant the applicant the visa.