THAKUR (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Migrant) (Class BC) Subclass 100 visa. The applicant sought review of a decision not to grant this visa. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of the cessation of their spousal relationship and the withdrawal of sponsorship.

The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of the visa. This involved assessing whether there was evidence of a genuine and continuing spousal relationship at the time of the decision, and whether any exceptions to the general requirements applied.

The Tribunal found that the applicant did not satisfy the criteria for the grant of the visa. This conclusion was based on the absence of evidence demonstrating a genuine and continuing spousal relationship, and the fact that no exceptions were claimed by the applicant. Consequently, the Tribunal affirmed the decision not to grant the visa.