1935583 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant, a citizen of Bangladesh, sought to be sponsored by an Australian citizen. The central dispute revolved around the sponsor's significant criminal record, which included convictions for relevant offences, and whether sponsorship approval was reasonable despite these convictions, given the circumstances of the relationship.

The Tribunal was required to determine if the sponsorship requirements under clause 309.222 of the Migration Regulations 1994 were met. Specifically, the Tribunal had to assess whether it was reasonable to approve the sponsorship, notwithstanding the sponsor's criminal convictions, by considering the matters referred to in regulation 1.20KC(4) and any other relevant factors. This involved examining the definition of a "relevant offence" and the implications of a "significant criminal record" as outlined in the regulations.

The Tribunal reasoned that while regulation 1.20KC(3) mandates refusal of sponsorship approval if the sponsor has a significant criminal record for relevant offences, regulation 1.20KC(4) allows for exceptions. This exception requires the Tribunal to consider whether it is reasonable to approve the sponsorship, taking into account the specific circumstances. In this case, the Tribunal noted that ten years had elapsed since the commission of the relevant offences. Furthermore, the Tribunal found that the parties had been in a long-term relationship, had a young child together, and that the sponsor had disclosed his criminal history to the applicant early in their relationship. Based on these considerations, the Tribunal concluded that the requirements of clause 309.222 were met.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration by the Minister, with the direction that the visa applicant meets the criteria under clause 309.222 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the subclass 309 visa.