1806686 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The review applicant sought reconsideration of a decision concerning their eligibility for the visa, specifically in relation to the requirements of regulation 1.20J of the Migration Regulations 1994. The core of the dispute revolved around whether compelling circumstances existed to waive the application of this regulation, given the applicant's advanced age and the passing of their previous partner.

The Tribunal was required to determine whether the circumstances presented by the review applicant constituted compelling reasons to depart from the usual requirements of regulation 1.20J. This regulation pertains to the eligibility of a person to be granted a partner visa when more than one person has been granted permission from a sponsor. The Tribunal had to assess if the applicant's personal situation, including the death of their former partner and their advanced age, created a sufficiently exceptional case to warrant a waiver of this requirement.

In its reasoning, the Tribunal found that compelling circumstances did indeed exist. The Tribunal acknowledged the review applicant's advanced age and the unfortunate passing of their previous partner as significant factors. Based on these findings, the Tribunal determined that the applicant met certain criteria for the Subclass 309 visa, specifically clause 309.213 of Schedule 2 to the Regulations and regulation 1.20J for the purposes of clause 309.222 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with the direction that the visa applicant meets these specified criteria.