Lin (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision that had applied sponsorship limitations under regulation 1.20J of the Migration Regulations 1994. The applicant argued that these limitations should not apply due to compelling circumstances affecting the sponsor, specifically citing a long-standing relationship of approximately seven years and the sponsor's medical condition necessitating emotional support. The review was conducted by a Tribunal member, Justin Meyer.

The primary legal issue before the Tribunal was whether the sponsorship limitations imposed by regulation 1.20J applied to the applicant's visa application, and if so, whether compelling circumstances affecting the sponsor justified an exception to these limitations. The Tribunal was required to determine if the sponsor had previously sponsored more than one successful partner visa application, which would trigger the application of regulation 1.20J, and then assess whether the circumstances presented by the applicant constituted "compelling circumstances" as contemplated by the regulation.

The Tribunal found that the sponsor had indeed sponsored two previous successful Partner visa applications, meaning the limitations under regulation 1.20J were applicable. However, the Tribunal also noted that the regulation allows for sponsorship approval despite these limitations if the Minister is satisfied that compelling circumstances affecting the sponsor exist. The Tribunal considered the applicant's submission that the seven-year relationship and the sponsor's medical condition constituted such compelling circumstances.

Given these findings, the Tribunal remitted the application for reconsideration. The direction was that the applicant met the criteria under regulation 1.20J for the purpose of clause 820.221(4) of Schedule 2 to the Regulations, indicating that the compelling circumstances were sufficient to warrant further consideration of the visa application.