Ellis (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 sponsorship approval. The delegate had found that the sponsor had a "significant criminal record" due to convictions for a range of offences, including drug offences, assault, and property damage, committed between 1983 and 2015, for which the sponsor served approximately three years imprisonment.

The Tribunal was required to determine whether the sponsor met the requirements for sponsorship approval under clauses 820.221(4)(a) and 820.221A of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to consider whether it was reasonable to approve the sponsorship, notwithstanding the sponsor's criminal history, by having regard to factors including the time elapsed since the completion of the sentence, the best interests of any children, and the length of the relationship between the applicant and the sponsor.

The Tribunal noted that regulation 1.20KC outlines the criteria for refusing sponsorship approval where a sponsor has been convicted of a relevant offence and has a significant criminal record. However, it also provides that the Minister may approve sponsorship if it is considered reasonable to do so, taking into account specified factors. The Tribunal found that the delegate had not adequately considered these mitigating factors.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the sponsorship criteria under clauses 820.221(4)(a) and 820.221A.