Lazar (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 their visa application, with the primary issue revolving around the status of the sponsor.

The Tribunal was required to determine whether the sponsor, an Australian permanent resident at the time of the decision, satisfied the relevant criteria for the visa application. Specifically, the Tribunal needed to assess the implications of the sponsor's permanent residency status on the assessment of the application under clause 309.226 of Schedule 2 to the Regulations.

The Tribunal found that the sponsor met the criteria for being an Australian permanent resident at the relevant time. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration. The Tribunal directed that the visa applicant be taken to meet the criteria under clause 309.226 of Schedule 2 to the Regulations, allowing for further assessment of the remaining criteria for the Subclass 309 visa.