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Compelling circumstances' leads to approval of third sponsorship by MRT

Visa granted

The applicant, a citizen of South-East Asia, applied for a Partner Visa sponsored by her husband, an Australian citizen. This, however, was her husband’s third sponsorship of a spouse. As such, the application was caught by regulation 1.20J of the Migration Regulations 1994 which required a five-year period between the making of the second and third sponsorships, in the view of deterring serial sponsors. The Partner Visa application was refused by the Department of Immigration and Citizenship (the DIAC) on this basis.

ISL was instructed to appeal the DIAC’s decision to the Migration Review Tribunal (the MRT). To circumvent the restrictions of regulation 1.20J, we had to show that there were “”compelling circumstances”” affecting the sponsor.

We submitted to the Tribunal that the applicant and sponsor’s long-standing relationship, their desire to have a child through IVF (an opportunity which would be missed should the applicant’s visa status remain uncertain) and the sponsor’s requirement of emotional and financial support constituted such “”compelling circumstances””.

Taking this combination of factors into consideration and accepting the genuineness of the applicant and sponsor’s relationship, the Tribunal was satisfied that these circumstances warranted the waiver of regulation 1.20J, thus allowing the Partner Visa to be granted.

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