SUKHBIR SINGH (Migration)

The applicant, Sukhbir Singh, sought review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal to grant him a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The core of the dispute concerned the applicant's failure to provide documentary evidence demonstrating a genuine and continuing relationship with his sponsor, particularly in light of the sponsor having withdrawn their sponsorship.

The AAT was required to determine whether the applicant had satisfied the criteria for the grant of the visa, specifically whether he had provided sufficient evidence of his relationship with the sponsor, notwithstanding the withdrawal of the sponsorship. This involved assessing the adequacy of the evidence presented by the applicant to establish the genuineness and continuing nature of the spousal relationship.

Senior Member Kira Raif affirmed the decision not to grant the visa, concluding that the applicant had not satisfied the relevant criteria. The reasoning, as indicated by the decision, was that the applicant failed to provide the necessary documentary evidence to establish the required relationship with the sponsor. The withdrawal of the sponsorship further underscored the lack of demonstrable evidence supporting the applicant's claim.