Yanti (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mrs Yanti based on her relationship with Mr Pellagreen. The primary issue before the Tribunal was whether Mrs Yanti met the sponsorship requirements under clause 820.211 of Schedule 2 to the *Migration Regulations 1994* (the Regulations), specifically whether she was sponsored by Mr Pellagreen, and if so, whether she met the other requirements under clause 820.221. This involved determining if she held a substantive visa at the time of application and was the spouse of Mr Pellagreen.

The Tribunal was required to consider clause 820.211(2)(c) and clause 820.221(4) of the Regulations, which stipulated that sponsorship must be approved by the Minister and remain in force. Approval of sponsorship is subject to limitations in regulation 1.20J, which restricts a person from sponsoring more than two individuals, requiring a minimum time lapse between sponsorships. In this instance, Mr Pellagreen had previously sponsored two partners who were granted permanent visas. Therefore, the Minister could only approve the sponsorship if satisfied that there were compelling circumstances affecting the sponsor, as permitted by regulation 1.20J.

The Tribunal considered the meaning of "compelling circumstances," referencing *Babicci v MIMIA* [2004] FCA 1645 and [2005] FCAFC 77, which indicated circumstances that evoke powerful, irresistible interest or lead to a positive finding that a provision should be waived. Departmental policy provided examples of compelling circumstances, including the death of a previous partner or a longstanding new relationship. The purpose of the sponsorship limitation is to prevent abuse of migration provisions, and the Tribunal noted that all aspects of the sponsor's circumstances, including potential hardship if sponsorship were not approved, are relevant.

Ultimately, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Mrs Yanti met the criteria under clauses 820.211 and 820.221 of Schedule 2 to the Regulations.