Luangkratok (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision that impacted their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant's sponsor met the requirements of regulation 1.20J of the Migration Regulations 1994, which imposes limitations on individuals sponsoring partner visa applicants. Specifically, the Tribunal had to determine if the sponsor's previous sponsorship of a Partner visa applicant within the preceding five years disqualified them from sponsoring the current applicant.

The Tribunal found that the sponsor had previously sponsored a Partner visa applicant whose application was made on 25 November 2015, and a visa was granted on 25 November 2016. The current visa application was made on 22 May 2018. Regulation 1.20J stipulates a minimum period that must lapse between sponsorships. As more than five years had passed between the previous visa grant and the current application, the Tribunal concluded that the sponsor did not meet the limitation imposed by regulation 1.20J at the time of the delegate's decision. However, the Tribunal determined that the matter should be remitted for reconsideration, directing that the applicant met certain criteria, including clause 820.211(2)(c) and clause 820.221A of Schedule 2 to the Regulations.