Xu (Migration)

This matter concerned an appeal by the applicant, Jing Xu, against a decision of the Tribunal regarding her Partner (Temporary) (Class UK) visa, Subclass 820. The central issue revolved around sponsorship limitations imposed by migration regulations and whether compelling circumstances existed to waive these limitations.

The Tribunal was required to determine whether the sponsorship limitations under regulation 1.20J of the Migration Regulations 1994 applied to the applicant's case. If they did apply, the Tribunal then had to consider whether there were compelling circumstances affecting the sponsor that would justify not applying these limitations. The Tribunal also needed to assess if the applicant met the criteria under clause 820.211(2)(c) and clause 820.221(4) of Schedule 2 to the Regulations.

The Tribunal found that the applicant met the criteria under clause 820.211(2)(c) and clause 820.221(4). However, it identified that regulation 1.20J limits a sponsor to a total of two approved sponsorships in a lifetime, with a five-year waiting period between sponsorships unless compelling circumstances exist. The Tribunal considered evidence regarding the sponsor's upcoming hip surgery, her mobility issues, and the applicant's reliance on her, alongside the lengthy duration of their relationship. While the sponsor had previous sponsored relationships and had travelled internationally, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining criteria for the Subclass 820 visa, implying that the compelling circumstances aspect required further assessment.