LIN (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, before the Tribunal. The applicant was a Chinese national, and the sponsor was an Australian citizen who had previously sponsored two other individuals for partner visas. The central dispute revolved around whether there were compelling circumstances affecting the sponsor that would justify approving her current sponsorship, given her history of two previous sponsorships.

The legal issue before the Tribunal was to determine if compelling circumstances existed that warranted the approval of the sponsor's current partnership visa application. This required an assessment of the sponsor's personal circumstances, including her financial situation, health, and her stated unwillingness to relocate to China, against the backdrop of her prior sponsorship history.

The Tribunal considered evidence regarding the sponsor's serious and deteriorating heart condition, the significant costs of her medication which are subsidised in Australia but would not be in China, and her reliance on Centrelink payments. It also noted her financial commitments, including a joint mortgage with her son, and her stated desire to remain in Australia. The Tribunal found that the sponsor would suffer undue financial hardship if she were required to relocate to China. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for Partner (Provisional) (Class UF) visas for reconsideration, with the direction that the first named visa applicant meets specific criteria (cl.309.213 and cl.309.222 of Schedule 2 to the Regulations), and the second named visa applicant meets criterion cl.309.322 of Schedule 2 to the Regulations.