Ram (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant. The dispute centred on whether the applicant met the requirements of regulation 1.20J of the Migration Regulations 1994, which imposes limitations on the approval of sponsorships. The applicant sought a waiver of these limitations based on compelling circumstances affecting the sponsor.

The primary legal issue before the Tribunal was whether compelling circumstances existed that justified waiving the limitations imposed by regulation 1.20J. This regulation restricts the number of times an individual can sponsor another person for a partner visa and sets minimum time periods between sponsorships. The Tribunal noted that the sponsor in this case had previously sponsored two successful partner visa applications, triggering the application of regulation 1.20J.

The Tribunal reasoned that regulation 1.20J allows for sponsorship approval despite previous sponsorships if the Minister is satisfied that compelling circumstances affecting the sponsor exist. The Tribunal found that the applicant had presented compelling circumstances, including a long-standing partner relationship and the sponsor's experience of depression and PTSD symptoms. These factors were considered sufficient to warrant a reconsideration of the sponsorship approval. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criterion under regulation 1.20J for the purpose of clause 820.221(4).