Wang (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Wang for a Partner (Temporary) (Class UK) visa, specifically Subclass 820. The dispute concerned the approval of her sponsor, who had previously sponsored another partner. The key issue was whether the five-year period that had passed since the application for the previous sponsorship was sufficient to allow for the current sponsorship, notwithstanding that the previous spousal relationship had not been assessed.

The Tribunal was required to determine whether the sponsor's previous sponsorship, coupled with the passage of five years, satisfied the requirements for approving the current sponsorship for Ms. Wang's visa application. This involved considering the relevant regulations and whether the circumstances of the previous sponsorship, particularly the lack of an assessment of the spousal relationship, impacted the eligibility of the current sponsor.

The Tribunal reasoned that the five-year period stipulated in the regulations had indeed passed since the application for the sponsor's previous partner visa. It concluded that, for the purposes of Regulation 1.20J and clause 820.221 of Schedule 2 to the Migration Regulations 1994, the applicant met the relevant criteria. Consequently, the Tribunal remitted the application for the Subclass 820 visa to the Minister for consideration of the remaining criteria.