TAN (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought review of the refusal of their visa application.

The Tribunal was required to determine whether the applicant met the eligibility criteria for the Partner (Temporary) visa, specifically focusing on the sponsorship requirements and the spousal relationship requirements. A key issue was whether the sponsor had met the limitation on sponsoring another spouse within five years of a previous sponsorship, and whether this five-year period had lapsed by the time of the review.

The Tribunal found that the sponsor had previously sponsored another spouse, but that the five-year period from that sponsorship had expired by the time of the current application. The Tribunal was satisfied that the sponsor met the sponsorship requirements and that the applicant and sponsor had provided extensive materials demonstrating a genuine and continuing spousal relationship. Consequently, the Tribunal determined that the applicant met the requirements for the visa.

The Tribunal set aside the original decision and substituted a new decision to grant the Partner (Temporary) visa (subclass 820).