Hewavitharana (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309 (Spouse (Provisional)), before the Administrative Appeals Tribunal. The applicant sought review of a delegate's decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant met the criteria under Regulation 1.20(J)(1)(c) for the purposes of clause 309.222 of Schedule 2 to the Regulations. This regulation pertains to a requirement that a sponsor must not have been sponsored for a partner visa within the preceding five years.

The Tribunal found that the sponsor had previously been sponsored for a partner visa on an application lodged on 21 September 2012. As five years had passed since that date, by 21 September 2017, the five-year timeframe stipulated in the regulation had been met. Consequently, the Tribunal concluded that the applicant now satisfied this criterion. The Tribunal remitted the application for reconsideration with the direction that the applicant met the relevant criteria.