Singh (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Singh for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision not to grant him the visa. The central issue arose from the sponsor's withdrawal of her sponsorship, which occurred after the applicant had lodged his visa application out of time.

The Tribunal was required to determine whether exceptional circumstances existed that would permit the grant of the visa despite the cessation of the relationship and the sponsor's withdrawal. Specifically, the Tribunal considered whether the applicant had a biological child with the sponsor in respect of whom he had custody, access, or a residence or contact order under the *Family Law Act 1975*, or whether family violence had occurred.

The Tribunal reasoned that the applicant had conceded that he and the sponsor had no biological child together. Furthermore, the applicant stated that there had been no family violence. The Tribunal noted that the sponsor was alive and had chosen to withdraw her sponsorship. As none of the prescribed exceptions applied, and the applicant had lodged his visa application significantly out of time after the expiry of his last substantive visa, the Tribunal concluded that there were no exceptional circumstances to justify granting the visa.

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