SEOL (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought a waiver of sponsorship limitations under regulation 1.20J of the Migration Regulations 1994, as the sponsor had previously sponsored two other individuals. The Tribunal was required to determine whether compelling circumstances existed to justify waiving these limitations.

The Tribunal's reasoning focused on the interpretation of "compelling circumstances" as an exception to the sponsorship limitations. It was held that previous failed relationships, in themselves, do not constitute compelling circumstances. However, the Tribunal found that the applicant's genuine and continuing relationship with the sponsor, coupled with the significant hardship that would arise if the application were unsuccessful (including the closure of the sponsor's business and relocation to the applicant's home country), and the sponsor's need to assist an elderly mother with health concerns, did present compelling circumstances.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that the applicant be taken to meet the criteria under cl 820.211(2)(c) and cl 820.221(4) of Schedule 2 to the Regulations, allowing for further assessment of the remaining visa requirements.