Manalo (Migration)

This matter concerned an appeal by Abegail Emprese Manalo against a decision of the Department of Home Affairs to refuse her application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The core of the dispute was whether the applicant met the sponsorship requirements under the Migration Regulations 1994. The Administrative Appeals Tribunal was tasked with reviewing the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 820.211(2)(c) and, by extension, clause 820.211 of the Migration Regulations 1994, specifically concerning the sponsorship of her partner. This involved determining if the necessary sponsorship form and supporting documentation had been provided to the Department, and if any failures to do so were excused by the circumstances presented.

The Tribunal's reasoning focused on new evidence presented during the review, including a Sponsorship for a Partner to Migrate to Australia form (Form 40SP) dated 23 May 2024, signed by both the applicant and her sponsor. The Tribunal accepted the applicant's and sponsor's explanations for not providing the form earlier, citing their unfamiliarity with the visa process, lack of legal assistance, a shut-down IMMI account, and difficulties arising from COVID-19 restrictions. Given this new evidence, the Tribunal was satisfied that the sponsorship criteria were met.

Consequently, the Tribunal remitted the application for reconsideration. The direction was that the applicant met the criteria for a Subclass 820 visa, specifically clauses 820.211(2)(c) and 820.211(2) of Schedule 2 to the Regulations.