Rossi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant sought review of a decision not to grant the visa, which had been refused on the basis that the applicant's relationship with the sponsor had ceased.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically in circumstances where the relationship had ended and the sponsor suffered from a mental illness, and whether a claim of non-judicial family violence was relevant to the assessment.

The Tribunal found that the applicant did not satisfy the criteria for the grant of the visa, as stipulated in clause 801.221. The decision to affirm the refusal of the visa was made on the basis that the applicant had not met the necessary requirements for its grant.