Makan (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant was the sponsor for the visa applicant. The central dispute revolved around whether the sponsorship requirements had been met, specifically in light of the sponsor's previous sponsorship of his former wife. The decision was made by David Barker, a Member of the Tribunal.

The legal issues before the Tribunal were whether the sponsorship requirements under clauses 309.213 and 309.222 of Schedule 2 to the Regulations were satisfied. This involved considering the limitations imposed by regulation 1.20J of the Regulations, which stipulates a five-year waiting period after an earlier visa application if a sponsor has had one previous sponsorship or nomination, or if the sponsor was granted a visa or entry permit as a result of being sponsored.

The Tribunal found that both the visa applicant and the sponsor were over 18 at the time of the application, satisfying clause 309.213. Regarding clause 309.222, the Tribunal noted the sponsor had been approved as a sponsor for his previous wife's Partner visa application, which was lodged on 15 January 2014. Consequently, regulation 1.20J(2) imposed a five-year restriction on the sponsor's ability to sponsor another person for a Partner visa, commencing from the date of the earlier application. This five-year period elapsed on 15 January 2019.

The Tribunal concluded that the matter should be remitted for reconsideration. The decision directed that the visa applicant met the criteria under clauses 309.213 and 309.222 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 309 visa.