LUONG (Migration)

This matter concerned a Partner (Provisional) (Class UF) visa (Subclass 309) application. The applicant sought review of a decision concerning her eligibility for the visa. The review applicant, an Australian citizen, was the sponsor. The central dispute revolved around the sponsor's history of marriages and visa sponsorships, and whether these circumstances warranted the application of a sponsorship limitation under regulation 1.20J.

The Tribunal was required to determine whether the sponsor's history, including three previous marriages and sponsorships, impacted the current visa application. Specifically, the court needed to consider the application of regulation 1.20J, which imposes limitations on sponsors with multiple previous sponsorships. The Tribunal also had to assess whether the sponsor and applicant were in a genuine spouse relationship, and whether other relevant criteria for the visa, including those relating to sponsorship approval and time of application, were met.

The Tribunal found that while the sponsor had a history of multiple marriages and sponsorships, compelling circumstances existed that justified not applying regulation 1.20J in this instance. These circumstances included the abandonment of two previous wives, the sponsor's medical conditions, and the longstanding nature of his relationship with the applicant, which had involved frequent visits to Vietnam and a mutual commitment to a shared life. Consequently, the Tribunal was satisfied that the applicant met certain specified criteria for the visa, including clauses 309.211, 309.213, 309.221, and 309.222.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant had satisfied the specified criteria. This allowed for further consideration of the remaining criteria for the Subclass 309 visa.