Vo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Ms Thi Ngoc Loan Vo. The sponsor was Mr Tony Stephen Hitchman, Ms Vo's husband. The dispute arose because Mr Hitchman had previously sponsored two other individuals for visas, and the Tribunal was required to determine whether compelling circumstances existed to waive the sponsorship limitation requirement under the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the sponsor, Mr Hitchman, had met the sponsorship limitation requirements as stipulated in regulation 1.20J(1)(a) of the Migration Regulations 1994. This regulation limits the number of people a sponsor can sponsor in their lifetime. Mr Hitchman had previously sponsored two individuals, Ms Rose Amet in 1990 and Ms Iris Antiola in 2010. The applicant, Ms Vo, applied for her visa on 10 October 2016, which meant the third sponsorship would exceed the lifetime limit. The Tribunal also considered whether Mr Hitchman's significant health issues, specifically his treatment for cancer, constituted compelling circumstances that would justify waiving this limitation.

The Tribunal noted that Mr Hitchman's first sponsorship was for Ms Amet, a de facto partner, which ended in 1992. His second sponsorship was for his then-wife, Ms Antiola, whom he married in 2008 and divorced in 2015. Mr Hitchman stated that his relationship with Ms Antiola began to break down while he was undergoing cancer treatment. The Tribunal found that the application should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl 820.211(2)(c) and cl 820.221 of Schedule 2 to the Regulations. The Tribunal's decision implies that while the sponsorship limitation was a significant hurdle, the circumstances surrounding Mr Hitchman's health and the breakdown of his previous marriage may have been considered in the decision to remit the matter for further assessment of compelling circumstances.