1726920 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to have the refusal of their visa application set aside. The core of the dispute revolved around the sponsor's eligibility, specifically a sponsorship limitation arising from the sponsor having supported two previous successful Partner visa applications. The applicant contended that compelling circumstances existed to overcome this limitation.

The Tribunal was required to determine whether the sponsor's circumstances met the threshold for compelling reasons to waive the sponsorship limitation. This involved assessing the evidence presented regarding the sponsor's previous relationships, the nature and duration of the current relationship with the applicant, and the potential impact of the visa refusal on the sponsor's dependent son, including existing custody arrangements.

In its reasoning, the Tribunal acknowledged the general policy against multiple sponsorships but recognised that exceptions could be made in compelling circumstances. The Tribunal found that the sponsor's separation from his two previous wives, the long-term nature of his current relationship with the applicant, the applicant's pursuit of studies in Aged Care Nursing, and the potential disruption to the sponsor's dependent son's life and custody arrangements constituted compelling circumstances. Consequently, the Tribunal remitted the decision to the delegate for reconsideration.