Chang (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a national of China, sought the visa with her sponsor, an Australian citizen. The central issue before the Tribunal was whether the sponsor met the sponsorship requirements under the Migration Regulations 1994, specifically concerning a limit on the number of previous sponsorships.

The legal issues before the Tribunal were whether the sponsor had exceeded the lifetime limit of two approved sponsorships for a Partner visa, and if so, whether there were compelling circumstances justifying an exception to this limit. Regulation 1.20J of the Migration Regulations 1994 imposes a limit of two approved sponsorships in a lifetime and requires a five-year period to have elapsed since the date of an earlier visa application if there has been one previous sponsorship. An exception to these requirements may be granted if the Minister, or the Tribunal on review, is satisfied that compelling circumstances affect the sponsor.

The Tribunal found that the sponsor had previously sponsored two partners for Partner visas, both of which resulted in the grant of permanent visas. This meant the sponsor had reached the limit of two sponsorships under Regulation 1.20J. However, the Tribunal considered the compelling circumstances presented, including the sponsor's medical condition and the applicant's significant emotional support and contribution to the sponsor's business. The Tribunal concluded that these circumstances warranted an exception to the sponsorship limit.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 820.211(2)(c) and Regulation 1.20J for the purpose of clause 820.221 of Schedule 2 to the Regulations.