Saentong (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Partner (Temporary) (Class UK) visa, subclass 820. The dispute centred on a sponsorship limitation imposed on the applicant's sponsor under regulation 1.20J of the Migration Regulations 1994. The applicant sought to have this limitation waived, arguing compelling circumstances.

The primary legal issue before the Tribunal was whether the sponsorship limitation under regulation 1.20J still applied to the sponsor at the time of the Tribunal's decision. This question arose because the applicant's representative argued that five years had elapsed since the lodgement of the sponsor's previous sponsorship, thereby rendering the limitation no longer applicable. Consequently, the Tribunal was required to determine if the issue of compelling circumstances, which had been the focus of the delegate's decision and the parties' arguments, remained relevant.

The Tribunal reasoned that while the initial focus was on compelling circumstances to waive the sponsorship limitation, the passage of time meant the limitation itself might no longer be in effect. The representative contended that the five-year period stipulated in regulation 1.20J had expired by the date of the rescheduled hearing. Based on this argument, the Tribunal concluded that the matter should be remitted for further consideration, as the core issue of the sponsorship limitation's applicability had shifted. The Tribunal also noted that it had declined to make a positive finding regarding the genuineness of the de facto relationship due to insufficient evidence provided.

The Tribunal ordered that the decision under review be remitted for further consideration.