Thav (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of *Thav (Migration)*, which concerned the cancellation of a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant's relationship with their sponsor had ceased, which would ordinarily lead to visa cancellation. However, the applicant sought to have their visa application continue to be considered under specific exceptions to the general rule.

The central legal issue before the Tribunal was whether the applicant met the criteria for their partner visa application to be considered despite the cessation of their relationship with the sponsor. Specifically, the Tribunal had to determine if the applicant qualified for an exception to the cancellation provisions, such as those relating to the existence of a child of the relationship or circumstances of family violence.

The Tribunal's reasoning focused on the interpretation and application of the relevant provisions of the *Migration Regulations 1994* (Cth) concerning partner visas and the circumstances under which an application may continue to be processed after the breakdown of a relationship. The Tribunal found that the applicant had established grounds for their application to be considered further, likely due to the presence of a child from the relationship and potentially allegations of family violence, which are recognised exceptions. Consequently, the Tribunal remitted the decision to the delegate for reconsideration.