Farache (Migration)

This matter concerned an appeal by Mr. Farache against a decision of the Administrative Appeals Tribunal (the Tribunal) regarding his sponsorship approval for a Partner (Provisional) visa (Subclass 309). The core dispute revolved around whether Mr. Farache, as the sponsor, met the requirements of clause 309.222 of the Migration Regulations 1994, specifically concerning his criminal record.

The Tribunal was required to determine if Mr. Farache's sponsorship could be approved despite his conviction for a "relevant offence" which resulted in a "significant criminal record" as defined by the regulations. This involved considering whether, notwithstanding these convictions, it was reasonable to approve the sponsorship, taking into account specific matters outlined in subclause 309.222(4) and any other relevant circumstances.

The Tribunal found that Mr. Farache was a young offender at the time of the relevant offences, which included assault with intent to rob and demanding property with menaces. It noted his remorse, his accurate account of the offending, and that the offences did not involve vulnerable women or children. While acknowledging a subsequent drug driving conviction, the Tribunal considered his explanation of it as an isolated incident and his motivation to remain law-abiding due to his family. The Tribunal concluded that, on the evidence, the sponsorship requirements of clause 309.222 were met.

Consequently, the Tribunal remitted the application for the Partner (Provisional) visa for reconsideration by the Minister, with a direction that the visa applicant met the sponsorship criteria under clause 309.222.