Sanaee (Migration)

The Administrative Appeals Tribunal considered the eligibility of a sponsor for a Partner (Provisional) (Class UF) visa, subclass 309. The review applicant, who was seeking to sponsor the visa applicant, was no longer an Australian permanent resident at the time of the Tribunal's decision. This change in the sponsor's status was the central issue in the review.

The primary legal issue before the Tribunal was whether the sponsor met the eligibility requirements to sponsor the visa applicant for a Partner (Temporary) (Class UF) visa, subclass 309. Specifically, the Tribunal had to determine if the sponsor's current immigration status satisfied the relevant legislative criteria for sponsorship.

The Tribunal's reasoning focused on the requirements stipulated in clause 309.221 of the Migration Regulations. This clause mandates that a sponsor must be an Australian citizen, an Australian permanent resident, or a New Zealand citizen who is usually resident in Australia. As the review applicant was no longer an Australian permanent resident, they did not meet this criterion. Consequently, the Tribunal affirmed the decision not to grant the visa applicant the Partner (Temporary) (Class UF) visa.