Hameed (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa (subclass 309) where the review applicant was the sponsor. The Administrative Appeals Tribunal was required to determine whether the sponsorship requirements for the visa were met, considering the sponsor's previous marital history and visa sponsorships.

The primary legal issue before the Tribunal was whether the sponsor, an Australian citizen, satisfied the limitations imposed on sponsorship under the Migration Regulations. Specifically, the Tribunal had to consider the impact of the sponsor's previous marriages and visa sponsorships on his eligibility to sponsor the current visa applicant, particularly in light of the timeframes and limitations stipulated in regulations such as r.1.20J, r.1.20KA, r.1.20KB, and r.1.20KC.

The Tribunal found that the basic sponsorship requirements under cl.309.213 and cl.309.222 were met. However, the Tribunal noted that the sponsor's previous sponsorships and divorces, particularly the sponsorship of his second wife for a Partner (Temporary) (Subclass 309) visa which was later withdrawn, raised questions regarding the limitations set out in r.1.20J. This regulation imposes a five-year waiting period between sponsorships unless compelling circumstances are demonstrated. The Tribunal concluded that the previous grant of a Student visa to the sponsor did not count as a "relevant permission" for the purposes of these sponsorship restrictions.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under cl.309.213 and cl.309.222, but leaving the determination of the remaining sponsorship limitations for further assessment.