Wang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) concerning the sponsorship limitation requirements under regulation 1.20J of the Migration Regulations 1994. The applicant's sponsor had previously sponsored two individuals, one of whom resulted in a granted visa, and another spouse who never entered Australia.

The primary legal issue before the Tribunal was whether the sponsor met the sponsorship limitation requirements under regulation 1.20J, which restricts a sponsor to a maximum of two approved sponsorships or nominations that lead to the grant of a partner visa or entry permit. The Tribunal was required to determine if there were "compelling circumstances" affecting the sponsor that would justify waiving these limitations, as contemplated by regulation 1.20J(2). The Tribunal also considered the definition of "compelling circumstances" as interpreted in *Babicci v MIMIA* [2004] FCA 1645 and [2005] FCAFC 77, requiring circumstances that are powerfully irresistible or so powerful as to lead to a positive finding that the provision should be waived.

The Tribunal found that the sponsor had two previous sponsorships, one of which led to a granted visa and another where the spouse never entered Australia. The Tribunal considered the applicant's claim of a genuine long-term spousal relationship. However, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister to consider the remaining criteria for the Subclass 820 visa, specifically directing that the applicant meets criterion cl 820.221(4) of Schedule 2 to the Regulations.