Bui (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a delegate's decision to refuse the visa application. The refusal was based on the sponsor having previously successfully sponsored two spousal partners to Australia, rendering them ineligible to sponsor again unless compelling reasons existed to waive this limitation. The Tribunal found the applicant's and sponsor's evidence to be genuine and credible, establishing a valid marriage and a genuine long-term relationship.

The primary legal issue before the Tribunal was whether there were compelling reasons to waive the sponsorship limitation imposed on the sponsor, who had previously sponsored two partners. The Tribunal was required to determine if the current relationship met the criteria for sponsorship approval, specifically considering the sponsor's history and the nature of the present relationship. The Tribunal also had to assess whether the applicant met the sponsorship requirements under clause 820.211(2)(c) and clause 820.221(4) of Schedule 2 to the Regulations.

The Tribunal reasoned that while the sponsor had a history of two previous successful sponsorships, the evidence presented regarding the current relationship, including its genuine and long-term nature, the parties' knowledge of each other's families, their financial and business arrangements, and community ties, demonstrated compelling reasons to waive the sponsorship limitation. The Tribunal found that the applicant met the sponsorship requirements under the relevant clauses of the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl 820.211(2)(c) and cl 820.221(4) of Schedule 2 to the Regulations. This meant the Minister was to consider the remaining criteria for the Subclass 820 visa.