Liu (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, a Chinese citizen, sought to be sponsored by the respondent, an Australian citizen. The central dispute revolved around the respondent's significant criminal history, which included convictions for relevant offences as defined by migration regulations. The Tribunal was required to determine whether, notwithstanding these convictions, it was reasonable to approve the sponsorship, considering the provisions of regulation 1.20KC(4) and any other relevant matters.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 820 visa, specifically concerning the sponsorship requirements. This involved assessing the impact of the sponsor's criminal record on the approval of the sponsorship, particularly in light of regulation 1.20KC(3), which mandates refusal of sponsorship approval if the sponsor has been convicted of a relevant offence and has a significant criminal record in relation to that offence. The Tribunal also had to consider the definition of a "relevant offence" as set out in regulation 1.20KC(2), which includes offences involving violence against a person, harassment, and other serious matters.

The Tribunal reasoned that while the sponsor had a significant criminal history, including convictions for offences involving sexual assault and child exploitation, the applicant was aware of this history and wished to proceed with the application. The Tribunal noted the sponsor's difficult upbringing and the evidence presented regarding the genuine nature of the relationship between the applicant and the sponsor, including their cohabitation, joint financial arrangements, and the support provided by the applicant's family. Crucially, the Tribunal found that the sponsor had pleaded guilty to and been convicted of failing to comply with reporting obligations on 30 July 2014, receiving a fine. The Tribunal concluded that the application should be remitted to the Minister for reconsideration of the remaining criteria for a Subclass 820 visa, with a direction that the applicant meets the criteria under cl 820.221 of Schedule 2 to the Regulations.