Allam (Migration)

This matter concerned an appeal by a sponsor against a decision to refuse to approve his sponsorship of his wife, the visa applicant, for a Partner (Provisional) (Class UF) visa. The sponsor had a significant criminal record, including convictions for assault, theft, and weapon-related offences, for which he had served a substantial prison sentence. The visa applicant was from Lebanon, and the couple had been in a relationship since 2017, marrying in 2018. The sponsor argued that he had rehabilitated himself since his release from prison, had maintained employment, and had taken responsibility for his past actions.

The primary legal issue before the court was whether it was reasonable to approve the sponsorship despite the sponsor's significant criminal record. This required the court to consider the weight to be given to the sponsor's past offending, the time elapsed since the offending, the nature of the offences, and evidence of rehabilitation and remorse. The court also had to determine whether the decision-maker had adequately considered all relevant matters presented by the sponsor and applicant in support of the sponsorship.

The court reasoned that the question of whether it is reasonable to approve a sponsorship despite a significant criminal record is a question of fact for the decision-maker. The decision-maker must not limit their consideration to a prescribed list of factors but must have regard to all matters raised by the parties and any other relevant considerations arising from the evidence. In this instance, the court found that the decision-maker had not adequately considered the sponsor's evidence of rehabilitation, his long-term relationship with the applicant, and his efforts towards vocational and behavioural education.

Consequently, the court remitted the application for the visa to the Minister for reconsideration. The court directed that the visa applicant met the criteria for a Subclass 309 visa, and the Minister was to consider the remaining criteria for the visa, including the sponsorship approval, in light of the court's findings.