Hung (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, who was born in China in 1983. The sponsor, an Australian citizen, had previously sponsored two other individuals for Partner visas. The central dispute revolved around whether regulation 1.20J of the Migration Regulations 1994 applied to limit the sponsor's ability to sponsor the applicant, and if so, whether a waiver of this limitation was warranted. The decision was made by Member Moira Brophy.

The primary legal issues before the Tribunal were whether regulation 1.20J imposed a limitation on the sponsor due to two previous sponsorships, and if such a limitation applied, whether there were compelling circumstances to justify a waiver. The Tribunal was required to determine if the applicant met the sponsorship criteria under clause 820.211 and clause 820.221 of Schedule 2 to the Regulations, and to consider the implications of regulation 1.20J, which restricts the number of people a person can sponsor in their lifetime and mandates minimum periods between sponsorships.

The Tribunal found that the applicant met the criteria under clause 820.211, confirming she was sponsored by an eligible Australian citizen. It also noted that clause 820.221, concerning sponsorship approval and disclosure of convictions, was satisfied. However, the Tribunal identified that regulation 1.20J(1)(a) was not met due to the sponsor's prior sponsorships. The applicant had been invited to provide information regarding compelling circumstances for a waiver, and had done so. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant met the criteria under cl 820.211 and cl 820.221(4).