Samala (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision not to grant the applicant a Partner (Residence) (Class BS) visa, subclass 801. The applicant's relationship with their partner had ceased, and they had not responded to an invitation to provide further evidence to support their visa application.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the grant of the Partner (Residence) visa, specifically in circumstances where the relationship had ended and no evidence had been provided to demonstrate the financial, household, or social aspects of the relationship, nor the nature of the commitment between the parties.

The Tribunal Member, Moira Brophy, affirmed the original decision. The reasoning was that the applicant had failed to provide the necessary evidence to satisfy the visa criteria, particularly in light of the cessation of the relationship. Without this evidence, the Tribunal could not be satisfied that the applicant met the requirements for the visa. The Tribunal therefore affirmed the decision not to grant the visa.