Saini (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant seeking a Partner (Temporary) (Class UK) visa (subclass 820). The applicant had applied for review of the delegate's decision not to grant the visa. The core of the dispute revolved around the applicant's failure to provide requested information to the Tribunal and the cessation of her relationship with the sponsoring partner.

The Tribunal was required to determine whether it could proceed with the review in the absence of a response from the applicant to a request for information made under section 359(2) of the Migration Act 1958 (Cth). Additionally, the Tribunal had to assess whether the applicant continued to satisfy the criteria for the visa, specifically those relating to being the spouse or de facto partner of a sponsor and being sponsored, as stipulated in clauses 820.211(2) and 820.221 of Schedule 2 to the Migration Regulations 1994 (Cth).

The Tribunal reasoned that as the applicant had failed to provide the requested information by the specified deadline, it was empowered by section 359C(1) of the Act to make a decision on the review without further action. The Tribunal was satisfied that the invitation to provide information had been properly sent to the applicant's last known address. Furthermore, the evidence indicated that the applicant had notified the Department that her relationship with the sponsor had ceased and that divorce proceedings were to commence. In the absence of any evidence to the contrary, the Tribunal found that the applicant did not satisfy the sponsorship requirement under clause 820.221.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Partner (Temporary) (Class UK) visa.