Zhang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by the applicant, Ms Zhang. The primary issue revolved around a sponsorship limitation imposed by Regulation 1.20KA of the Migration Regulations 1994, which prevented individuals granted a permanent Contributory Parent category visa after 1 July 2009 from sponsoring a partner for a Partner or Prospective Marriage visa for five years, if they were in a relationship with that person at the time their Contributory Parent visa was granted. The decision was made by Member Rosa Gagliardi of the Tribunal.

The legal issue before the Tribunal was whether the applicant's sponsor was eligible to sponsor her for the Subclass 820 visa, given the five-year sponsorship limitation under Regulation 1.20KA. At the time of the Department's initial decision, the five-year period had not elapsed since the sponsor was granted her permanent Contributory Parent visa. The Tribunal was required to determine if this limitation, which had been considered by the Department as a bar to sponsorship, still applied at the time of the Tribunal's review.

The Tribunal reasoned that Regulation 1.20KA was designed to prevent abuse of the Contributory Parent visa provisions. However, it noted that at the time of the Tribunal's decision, the five-year period had passed. Consequently, the sponsorship limitation under Regulation 1.20KA was no longer applicable to the applicant's sponsor. The Tribunal concluded that the applicant now met the criteria under subclause 820.211(2)(c) of Schedule 2 to the Regulations.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant met the criteria specified in subclause 820.211(2)(c) of Schedule 2 to the Regulations. This meant the Department would proceed to assess the substantive issues of the case, unhindered by the previously applicable sponsorship limitation.