Tran (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to have a decision not to grant her the visa reviewed. The central issue was whether the applicant met the time of application criterion under clause 820.211(2) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was sponsored by an Australian citizen, permanent resident, or eligible New Zealand citizen at the time of lodging her visa application. Clause 820.211(2)(a) specifies that the applicant must be the spouse or de facto partner of such a person. The regulations also outline exceptions where a sponsor has died, but the applicant must still meet the criteria at the time of application.

The applicant provided evidence of her marriage to her intended sponsor in Vietnam on 11 March 2015. However, a Queensland Death Certificate confirmed that the intended sponsor died on 30 April 2015, approximately three months before the visa application was lodged. As the applicant did not have a sponsor at the time of application, she failed to meet the requirements of clause 820.211(2)(a).

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa, as she did not satisfy the necessary criteria for its grant.