2002289 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa. The core of the dispute revolved around whether the applicant met the requirements of clause 820.221(4) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval and currency of the sponsorship.

The Tribunal was required to determine two primary issues. Firstly, whether the sponsorship of the visa had been approved and remained in force at the time of the decision, as stipulated by clause 820.221(4)(a). Secondly, the Tribunal had to ascertain whether the sponsor had consented to the Department disclosing any convictions for relevant offences to the visa applicant, as required by clause 820.224(b). The Tribunal also considered whether the applicant met the sponsorship requirements under clause 820.211(2)(c) at the time of application.

The Tribunal found that the sponsor had provided the requisite consent for disclosure of convictions, satisfying clause 820.224(b). It was also satisfied that the sponsor met the age and sponsorship requirements under clause 820.211(2)(c) at the time of the visa application. However, the Tribunal noted that the approval of sponsorship is subject to limitations outlined in regulations 1.20J, 1.20KA, 1.20KB, and 1.20KC, which address sponsorship limits, waiting periods after previous Parent visa sponsorships, and restrictions related to criminal convictions. The Tribunal concluded that it lacked sufficient information to determine whether the sponsorship had been approved and remained in force, particularly in light of these potential limitations.

Consequently, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas to the Minister for reconsideration. The Tribunal directed that the first-named applicant met the criteria under clause 820.221(4) of Schedule 2 to the Regulations, but further consideration was required regarding the remaining criteria for the Subclass 820 visa.