Migration Regulations 1994

The sponsorship of the applicant under clause 300.213 has been approved by the Minister and is still in force.

Regulations 1.20J, 1.20KA, 1.20KB and 1.20KC limit the Minister’s discretion to approve sponsorships.

The prospective spouse has consented to the disclosure by the Department, to each applicant sponsored by the prospective spouse, of any conviction of the prospective spouse for a relevant offence (within the meaning of subregulation 1.20KC(2)).

The prospective spouse may be asked to consent to such disclosure on the approved form required to be completed by the prospective spouse in relation to the visa application.

For the purposes of subclause (2), the conviction of the prospective spouse for a relevant offence is to be disregarded if:

the conviction has been quashed or otherwise nullified; or

both:

the prospective spouse has been pardoned in relation to the conviction; and

the effect of that pardon is that the prospective spouse is taken never to have been convicted of the offence.