1837201 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant sought review of the delegate's decision to refuse this visa. The Tribunal was required to consider the applicant's relationship and residence history with the sponsor, who was his wife, as well as the sponsor's visa history and sponsorship limitations.

The primary legal issues before the Tribunal were whether the applicant met the criteria for the Subclass 820 visa, specifically concerning the genuineness and continuity of his relationship with the sponsor at the time of application and decision, and whether the sponsor was eligible to sponsor the applicant given her own visa history and regulatory limitations on sponsorship. The Tribunal also had to consider the sponsor's evidence regarding the breakdown and subsequent reconciliation of the relationship, and the implications of the applicant's prior visa cancellations and refusals.

The Tribunal reasoned that the sponsor's statutory declaration indicated a lack of a spousal relationship at the time of her Parent visa applications and grant. This contradicted the applicant's claim of a genuine and continuing relationship. Furthermore, the Tribunal noted that the sponsor had been granted a Subclass 143 Contributory Parent (Permanent) visa on 20 March 2017. Regulation 1.20KA of the Migration Regulations 1994 stipulated that if the person to be sponsored for a Partner visa was the proposed sponsor's spouse on or before the date the Contributory Parent visa was granted, a period of five years must have passed since the sponsor's visa grant. As the applicant's Partner visa application was made on 10 January 2022, less than five years after the sponsor's Subclass 143 visa grant, this regulatory requirement was not met. The Tribunal found no compelling reasons to waive this requirement, noting that the applicant had not applied for the Contributory Parent visa concurrently with the sponsor.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Partner (Temporary) (Class UK) visa.