Tengku Farihah Najihan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, Tengku Farihah Najihan, sought to have the refusal decision set aside.

The primary legal issue before the Tribunal was whether the applicant had made her visa application within the prescribed timeframe, specifically more than 28 days after the expiry of her last substantive visa. A further issue arose concerning the cessation of the applicant's relationship with her sponsor, which was relevant to the assessment of her eligibility for the visa.

The Tribunal noted that the applicant's last substantive visa expired on 15 March 2019, and her Partner visa application was lodged on 10 April 2019, which was 26 days after the expiry of her substantive visa. While the applicant argued that the relationship had ended, the Tribunal found that the application was lodged outside the 28-day period prescribed by the Migration Regulations. Consequently, the Tribunal was not satisfied that the applicant met the criteria for the visa.

The Tribunal affirmed the decision under review, meaning the refusal of the visa application was upheld.