Ge (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision concerning their eligibility for the visa, which was affected by a sponsorship limitation. The sponsor had been granted a permanent visa less than five years prior to the application being made.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically in light of the sponsorship limitation. The Tribunal was required to determine if the limitation period had passed and, if so, whether the applicant could still be found to meet the visa requirements.

The Tribunal found that it was able to reach a decision in favour of the applicant based on the material before it, without the necessity of a hearing, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal concluded that the applicant met the criteria for the Subclass 820 visa as set out in cl 820.211 of Schedule 2 to the *Migration Regulations 1994* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets these criteria.