Dutt (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision that had imposed a five-year sponsorship limitation under Regulation 1.20J of the Migration Regulations 1994. The Tribunal, presided over by John Longo, considered the evidence before it without holding a hearing.

The central legal issue was whether the applicant's sponsor met the requirements of Regulation 1.20J, specifically concerning the five-year period that must elapse since a previous sponsorship application was made. The Tribunal was required to determine if the sponsor's previous sponsorship in June 2014 meant that the five-year limitation applied to the current application made in May 2017, and if any exceptions or waivers were applicable.

The Tribunal reasoned that Regulation 1.20J(1)(b) and (c) imposed a five-year waiting period after the date of application for a previous relevant permission. It found that the sponsor had previously been granted a relevant permission in June 2014, and as less than five years had passed by May 2017 when the current application was made, the limitation applied. While the Tribunal noted the sponsor's circumstances, including having given birth to two children from the relationship and being the sole income earner while her partner completed tertiary studies, it found that these did not constitute compelling circumstances sufficient to waive the sponsorship limitation under Regulation 1.20J(2).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria for Regulation 1.20J for the purpose of clause 820.221 of Schedule 2 to the Regulations. This meant the Minister was to consider the remaining criteria for the Subclass 820 visa.