Khantixone (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The applicant sought review of a decision by the Administrative Appeals Tribunal. The core of the dispute revolved around a sponsorship limitation imposed by regulation 1.20J of the Migration Regulations 1994, which restricts a sponsor to a lifetime total of two approved sponsorships for partner visas.

The legal issues before the Tribunal were whether the applicant met the criteria for the visa, specifically concerning the sponsorship requirements, and whether there were "compelling circumstances" to waive the sponsorship limitation under regulation 1.20J(2). The Tribunal was required to determine if the sponsor's circumstances were so powerful as to necessitate a waiver of the regulatory limit.

The Tribunal considered the requirements for sponsorship under clause 820.211 and the limitations imposed by regulation 1.20J, which sets a lifetime limit of two approved sponsorships. It noted that these requirements could be waived if there were "compelling circumstances" affecting the sponsor, a phrase interpreted in *Babicci v MIMIA* [2004] FCA 1645 and [2005] FCAFC 77 to mean circumstances that evoke interest or attention in a powerfully irresistible way, or are so powerful as to lead to a positive finding that the provision should be waived. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant meets criterion cl 820.221(4) of Schedule 2 to the Regulations.