1725063 (Migration)

The applicant sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Partner (Temporary) (Class UK) visa, subclass 820. The dispute centred on the application of a sponsorship limitation imposed under the *Migration Regulations 1994* (Cth).

The primary legal issue before the court was whether the applicant's previous relationship, which had ceased before the visa was approved, triggered the five-year sponsorship limitation. Specifically, the court had to determine if the cessation of that prior relationship meant the applicant was no longer considered to be in a relationship with the sponsor for the purposes of the limitation, thereby rendering the limitation expired.

Justice Judd reasoned that the sponsorship limitation was intended to apply to a current relationship. As the applicant's previous relationship had ended before the visa was granted, the basis for the limitation no longer existed. Consequently, the court found that the five-year limitation period had expired. The Minister's decision was therefore set aside and remitted to the Minister for reconsideration according to law.