Trinh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, brought by the applicant, Ms Trinh, and sponsored by Mr. Nguyen. The primary dispute revolved around whether the sponsorship limitation under regulation 1.20J of the Migration Regulations 1994 applied to Mr. Nguyen, and if so, whether there were compelling circumstances to waive this limitation. The decision was made by Stavros Georgiadis, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: first, whether the applicant and sponsor were in a genuine spouse relationship at the time of application and at the time of the decision; and second, whether there were compelling reasons affecting the sponsor that would exempt the sponsorship from the limitation imposed by regulation 1.20J. This regulation restricts a sponsor to a maximum of two approved sponsorships or nominations that lead to the grant of a partner visa, with a minimum five-year period required between sponsorships unless compelling circumstances exist.

The Tribunal found that the sponsor, Mr. Nguyen, had previously sponsored two individuals, Ms. Zhang and Ms. Nguyen, for partner visas, both of which resulted in the grant of permanent residency. The first sponsorship commenced in February 2002, and the second in August 2010. As the current application was made after these two previous sponsorships, regulation 1.20J applied, imposing a limitation on Mr. Nguyen's ability to sponsor. The applicant acknowledged these prior sponsorships. The Tribunal concluded that the applicant had not satisfied the criteria under clause 820.221 of the Regulations, which includes the requirement for an unhindered sponsorship.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.