Karimi (Migration)

This matter concerned an appeal by Mr Ahmad Zahir Karimi against a decision relating to his sponsorship of Ms Meena Ayazi for a Partner (Provisional) (Class UF) visa, Subclass 309. The decision was made by the Administrative Appeals Tribunal (AAT), with Member Mary Urquhart presiding. The central dispute revolved around whether the sponsor's eligibility for sponsorship was subject to limitations under the relevant regulations.

The AAT was required to determine whether the sponsorship was subject to any limitations, specifically considering whether the sponsor, an Australian citizen, had been an Australian citizen for more than five years and whether he had previously sponsored more than one person for a visa. The Tribunal also considered whether the sponsor had held a "specified class" of visa or had been charged with a "registerable offence" for the purposes of specific regulations.

The Tribunal reasoned that while the sponsor's previous sponsorship application was lodged less than five years before the delegate's decision, five years had passed by the date of the AAT's decision. The Tribunal was satisfied that the sponsor was an Australian citizen and had been for more than five years, and that he had only sponsored one other person. The Tribunal also found no evidence that the sponsor had held a "specified class" of visa or had been charged with a "registerable offence". Consequently, the Tribunal concluded that none of the limits on sponsorship applied and that the applicant satisfied clause 309.222 of Schedule 2 to the Regulations.

The Tribunal set aside the decision under review and remitted the application for the Partner (Provisional) (Class UF) visa for reconsideration by the Department, with the direction that the visa applicant satisfies clause 309.222(1) of Schedule 2 to the Regulations. The Department was to consider whether the applicant otherwise met the criteria for the visa.