1822072 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, where the primary issue revolved around the sponsorship obligations of the applicant's partner. The applicant sought review of a decision that had implications for their visa application due to the sponsor's criminal history. The decision was made by a Tribunal member, Margie Bourke.

The legal issues before the Tribunal were whether the applicant met the sponsorship requirements under clauses 820.211(2)(c) and 820.221(4) of Schedule 2 to the Migration Regulations 1994, particularly in light of the sponsor's conviction for a relevant offence and whether this constituted a "significant criminal record" as defined by regulation 1.20KC. The Tribunal also considered the implications of the sponsor having completed his sentence 17 years prior to the application.

The Tribunal found that the applicant met the initial sponsorship requirements under clause 820.211(2)(c) and that the sponsorship was approved. However, the Tribunal noted that for visa applications made on or after 18 November 2016, regulation 1.20KC mandates refusal of sponsorship if the sponsor has been convicted of a relevant offence and has a significant criminal record. While the sponsor had a relevant conviction, the Tribunal considered that the conviction should be disregarded if it had been nullified or if the sponsor had been pardoned. The Tribunal concluded that the delegate had not adequately considered the sponsor's circumstances, including the time elapsed since the conviction and sentence, and the best interests of any child involved, as well as the long-term nature of the relationship.

Consequently, the Tribunal remitted the applications for the Partner (Temporary) (Class UK) visas to the Minister for reconsideration. The Tribunal directed that the first named applicant met the criteria under clauses 820.211(2)(c) and 820.221(4), and the second named applicant met the criteria under clause 820.311(a), allowing for further assessment of the sponsorship in light of the identified considerations.