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Genuine relationship leads Tribunal to remit matter for reconsideration.

Visas granted

The applicant made an application for a Partner Visa in 2011. The application was refused by the Department of Immigration & Citizenship because the applicant’s sponsor had sponsored more than two partners in his time. His first sponsorship took place in 1987 and the other was made in 2007. Regulation 1.20J of the Migration Regulations sets a limit on the number of people that a person can sponsor in a lifetime and a minimum time that must lapse between each sponsorship.

After the applicant’s application for the Partner Visa was refused, ISL was instructed to appeal the decision to the Migration Review Tribunal.

As two people have already been granted a visa as the spouse of the sponsor on the basis of a sponsorship nomination, and a period of less than five years has passed since the making of the second application, the Tribunal found that the approval of this sponsorship is limited under r1.20J. However, the Tribunal may approve the sponsorship if there are compelling circumstances affecting the sponsor.

Before the Member, ISL argued that this relationship was a genuine and longstanding one, and provided evidence that the couple wishes to have a family together.

The Tribunal considered the arguments and evidence put forth satisfied the criteria of compelling circumstances affecting the sponsor’ and has thus remitted the application for a Partner Visa for reconsideration.

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