Kairpal (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought review of a decision concerning a sponsorship limitation, specifically relating to a previous sponsorship of a partner that had passed a five-year limitation period.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 309 visa, particularly in light of the previous sponsorship and the associated five-year limitation. The Tribunal was required to assess the impact of this limitation on the current application.

The Tribunal, having received new evidence, was satisfied that the relevant criterion was met. Consequently, it concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application with a direction that the applicant meets the criteria specified in cl.309.222 of Schedule 2 to the Regulations.