Armstrong (Migration)

This decision concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Administrative Appeals Tribunal. The applicant sought review of a decision that had not been detailed in the provided text, but the Tribunal was required to consider the sponsorship of the applicant by their partner. The central issue revolved around a sponsorship limitation, as the sponsor had previously been involved in two other sponsorships that resulted in visa grants.

The Tribunal was tasked with determining whether there were compelling circumstances affecting the sponsor that would justify overriding the sponsorship limitation. This required an assessment of the evidence presented regarding the sponsor's circumstances, including the nature of their current relationship, the existence of a newborn child, and the impact of these factors on the sponsor. The Tribunal also needed to consider the implications of previous sponsorships and any agreements in place concerning the sponsor's child from a prior relationship.

In its reasoning, the Tribunal found that the cumulative evidence, particularly the existence of a biological child named Kaia, constituted compelling circumstances affecting the sponsor. Consequently, the Tribunal was satisfied that the sponsorship could be approved under regulation 1.20J(2) of the Migration Regulations 1994, meaning the applicant met the requirements of clause 820.221(4). As a result, the Tribunal remitted the application to the Minister for consideration of the remaining criteria for the Subclass 820 visa, with the direction that the sponsorship requirements had been met.