Pholgrai (Migration)

This matter concerned an application for review by an applicant seeking a Partner (Temporary) (Class UK) visa. The applicant's sponsoring partner had notified the Department that their relationship had ceased and had withdrawn their sponsorship. The applicant did not provide any further information or evidence to the Tribunal after being invited to do so.

The primary legal issue before the Tribunal was whether the applicant continued to satisfy the criteria for the visa, specifically whether she was still the spouse or de facto partner of the sponsoring partner and whether she continued to be sponsored. The Tribunal was required to determine if it could proceed with the review in the absence of a response from the applicant to its invitation to provide information, and whether the applicant had provided sufficient evidence to demonstrate she met the relevant visa requirements.

The Tribunal reasoned that under section 359(2) of the Migration Act 1958 (Cth), it could invite an applicant to provide information. If an applicant fails to provide the requested information within the prescribed period, section 359C(1) permits the Tribunal to make a decision without further action. The Tribunal found that it had properly notified the applicant and that she had failed to respond within the stipulated timeframe. Furthermore, the Tribunal noted that the evidence indicated the relationship had ceased and sponsorship had been withdrawn, and the applicant had not provided any evidence to the contrary or to satisfy clause 820.221 of Schedule 2 to the Migration Regulations 1994.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant had not satisfied the relevant criteria.