Bilston (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by an applicant sponsored by Mr. Bilston. The primary issue before the Tribunal was whether the sponsorship could be approved, given Mr. Bilston's significant criminal record, and whether the applicant met the criteria for the visa. The Tribunal was required to consider the provisions relating to sponsorship approval, particularly where a sponsor has a significant criminal record, and the general criteria for a Partner visa, including the nature of the relationship between the applicant and the sponsor.

The Tribunal was tasked with determining if the sponsorship could be approved despite Mr. Bilston's criminal history, by considering the waiver provisions under regulation 1.20KC(4) of the Migration Regulations 1994. This involved assessing factors such as the time elapsed since the completion of any sentences for the offences, the best interests of any children involved, and the length of the relationship. Additionally, the Tribunal had to be satisfied that the applicant met the criteria for the Subclass 820 visa, including the definition of a spouse and the genuineness and commitment of the relationship, as outlined in regulation 1.15A.

In its reasoning, the Tribunal considered the extensive evidence provided regarding the relationship between the applicant and Mr. Bilston, which included details of shared financial resources and commitments, joint travel, joint social activities, and the sponsor's positive relationship with the applicant's children. The Tribunal found that the applicant met the criteria for the visa, including the sponsorship requirements, by applying the relevant regulations and considering the totality of the evidence presented. The Tribunal remitted the application for the visa to the Minister with a direction that the applicant met the specified criteria.