CHEN (Migration)

The Administrative Appeals Tribunal affirmed the decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs not to grant Partner (Provisional) (Class UF) visas to the applicant and her daughter. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether there were "compelling circumstances" that would justify waiving the sponsorship limitation for the visa application, given the health conditions of the applicant and her daughter.

The Tribunal considered the medical evidence presented regarding the health conditions of the applicant and her daughter. However, it found that these circumstances did not meet the threshold of "compelling" as required by the relevant migration regulations to overcome the sponsorship limitation. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the Partner (Provisional) (Class UF) visas to the applicant and her daughter.