Alwadi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning the approval of their sponsor. The central issue revolved around the sponsor's previous sponsorship for a partner visa, which had ended shortly after its grant, and whether this history impacted the current application.

The Tribunal was required to determine whether the sponsor's prior sponsorship history, specifically a previous relationship that ended soon after a partner visa was granted, warranted a refusal of the current sponsorship approval. The Tribunal also needed to consider the passage of time, approximately five years, since the previous sponsorship ended, and whether this, along with the absence of an assessment of the previous spousal relationship, was relevant to the current assessment.

In its reasoning, the Tribunal acknowledged the sponsor's previous history but found that the passage of five years since the prior sponsorship ended was a significant factor. The Tribunal determined that the previous sponsorship did not automatically disqualify the sponsor and that the application should be remitted to the Minister for further consideration of the remaining criteria for the Subclass 820 visa. The Tribunal directed that the applicant met the criteria under Regulation 1.20J for the purpose of clause 820.221 of Schedule 2 to the Regulations.