Yesudass (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision concerning the sponsorship requirements for the visa. The Tribunal, constituted by Maxina Martellotta, was required to determine whether the sponsorship limitations under regulation 1.20KA of the Migration Regulations 1994 applied to the applicant's sponsor.

The primary legal issue before the Tribunal was whether the sponsorship requirements for a Partner (Provisional) visa were met, specifically in light of regulation 1.20KA, which imposes a five-year limitation period on certain Contributory Parent visa holders sponsoring another person for a Partner visa. This limitation applies if the person to be sponsored was the sponsor's spouse or de facto partner on or before the date the Contributory Parent visa was granted, unless compelling circumstances exist.

The Tribunal found that the review applicant was granted a Subclass 143 Contributory Parent visa on 13 September 2018 and applied to sponsor the visa applicant on 18 November 2019. The review applicant and the visa applicant had been married since 8 May 1971. The Tribunal calculated the five-year limitation period from the date the Contributory Parent visa was granted. As this period had expired by the date of the decision, the sponsorship limitation described in regulation 1.20KA(1) did not apply. Consequently, the Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, directing that the visa applicant met the criteria under clause 309.222 of Schedule 2 to the Regulations.