Prasad (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant's relationship had ceased, and they claimed family violence, but this claim was not judicially determined. The core of the dispute revolved around whether the applicant had satisfied the statutory requirements for the visa, particularly in light of the relationship breakdown and the alleged family violence.

The Tribunal was required to determine whether the applicant had met the essential criteria for the Partner (Temporary) visa. Specifically, this involved assessing whether the statutory declaration and supporting statements provided by the applicant complied with the relevant legislative requirements, and whether any additional material submitted after an extension of time rectified any deficiencies. The Tribunal also had to consider the impact of the cessation of the relationship and the non-judicially determined claim of family violence on the applicant's eligibility.

The Tribunal found that the statutory declaration and supporting statements submitted by the applicant did not comply with the statutory requirements. Despite being granted an extension of time to provide further material, the applicant failed to submit any additional documentation that would remedy these deficiencies. As the applicant did not meet an essential criterion for the visa, the Tribunal was bound to affirm the delegate's decision not to grant the visa. Consequently, the Tribunal affirmed the decision under review.