Morita (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to sponsorship limitations.

The primary legal issue before the Tribunal was whether the applicant met the sponsorship requirements under regulation 1.20J of the Migration Regulations 1994. This regulation imposes limitations on the number of times a person can sponsor another individual for a partner visa and mandates a minimum period of five years between sponsorships, unless compelling circumstances exist. The Tribunal was required to determine if the applicant's sponsor had previously sponsored another individual and, if so, whether the five-year waiting period had elapsed or if compelling circumstances justified an exception.

The Tribunal found that while the applicant was sponsored by an eligible individual at the time of application, the sponsor's previous sponsorship history raised a potential issue under regulation 1.20J. The Tribunal noted that the sponsor was limited to a total of two approved sponsorships in their lifetime and that a five-year period must elapse after an earlier visa application if there had been one previous sponsorship. Crucially, the Tribunal concluded that the decision-maker had not adequately considered the genuineness of the relationship or the potential for compelling circumstances that might override the sponsorship limitation.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that the applicant met criterion cl. 820.221(4) of Schedule 2 to the Regulations, but the remaining criteria, including the sponsorship limitations under regulation 1.20J, were to be further assessed.