Whotton (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, subclass 820, against a decision to affirm the refusal of their visa application. The primary dispute revolved around the applicant's failure to meet the sponsorship requirements for the visa, particularly after the sponsoring partner withdrew their sponsorship. The decision was made by Ann Duffield, a Senior Member of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a subclass 820 visa, specifically clause 820.221(2)(c) of the Migration Regulations 1994, which mandates that the applicant be the spouse of the sponsoring partner at the time of the decision. The Tribunal also had to consider whether any exceptions to this sponsorship requirement, such as the death of the sponsor, family violence, or circumstances involving a child, were applicable.

The Tribunal reasoned that the applicant had failed to provide any response or comments to the information that their relationship had ended and that the sponsorship had been withdrawn. Furthermore, the applicant had not provided any information, despite being invited to do so, regarding the exceptions to the sponsorship requirements. Consequently, there was no evidence before the Tribunal that the applicant continued to be the spouse or de facto partner of the sponsor, that the sponsorship was ongoing, or that any of the specified exceptions applied. The Tribunal concluded that the applicant did not satisfy clause 820.221(2)(c) or the alternative criteria under clauses 820.221(2A), (3), (4), (5), or (6).

The Tribunal affirmed the decision not to grant the applicant the Partner (Residence) (Class BS) visa, finding that the applicant did not satisfy the criteria for the grant of the visa.