Vispo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant's sponsor had previously held a permanent visa which was cancelled, but a differently constituted Tribunal had since set aside that cancellation. Consequently, at the time of the decision under review, the sponsor was a permanent resident of Australia.

The primary legal issue before the Tribunal was whether the applicant met the remaining criteria for a Subclass 820 visa, given the sponsor's restored permanent residency status. The Tribunal was required to determine the appropriate course of action in light of this development.

The Tribunal reasoned that because the sponsor was now a permanent resident, the applicant met criterion cl 820.211(1)(a) of Schedule 2 to the Regulations. Accordingly, the Tribunal remitted the application for the visa to the Minister for consideration of the remaining criteria.