Rehna (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Rehna for a Partner (Provisional) visa (subclass 309). The applicant’s sponsor had previously been involved in two other marriages and sponsorships, leading to a sponsorship limitation being imposed. The AAT was required to determine whether compelling circumstances existed that justified the sponsor’s continued sponsorship despite this limitation, and whether the best interests of the children involved were adequately considered.

The central legal issue before the Tribunal was whether the sponsor's history of previous marriages and divorces, some of which were described as arranged marriages involving family violence, constituted compelling circumstances that warranted an exception to the sponsorship limitation. Additionally, the Tribunal had to assess whether the best interests of the children, including a child born to the parties and the sponsor's other children, had been properly taken into account in the decision-making process.

In its reasoning, the Tribunal acknowledged the sponsor's difficult personal history, including experiences of family violence and mental health challenges, which contributed to the breakdown of previous relationships. It also recognised the long-standing nature of the current relationship between the applicant and the sponsor, and the validity of their marriage. The Tribunal found that the continued separation of the child born to the parties from one parent, and the close relationship the sponsor had with their other children, were significant factors to consider. Ultimately, the Tribunal determined that the decision under review should be remitted for reconsideration.