Chhit (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision to refuse the visa, with the central dispute revolving around sponsorship limitations imposed by migration regulations. The applicant's sponsor had previously sponsored two individuals, reaching the lifetime limit for sponsorships under regulation 1.20J of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met the sponsorship requirements at the time of application and at the time of decision. Specifically, it needed to assess whether the sponsor's previous sponsorships, which had resulted in the grant of visas to those individuals, precluded the current application. The core legal issue was whether there were "compelling circumstances" affecting the sponsor that would allow the Tribunal to waive the sponsorship limitation under regulation 1.20J(2).

The Tribunal reasoned that the sponsor had indeed reached the limit of two approved sponsorships that led to the grant of a partner visa. It considered the meaning of "compelling circumstances" as circumstances that evoke interest or attention in a powerfully irresistible way, or are so powerful as to lead to a positive finding that the provision should be waived. The Tribunal found that the applicant's long-standing relationship and valid marriage to the sponsor, while significant, did not constitute compelling circumstances that would justify waiving the regulatory limitation.

Consequently, the Tribunal concluded that the sponsorship could not be approved due to the sponsor having reached the maximum number of sponsorships permitted by regulation 1.20J. The decision under review was therefore affirmed.