Third Partner Visa Sponsorship Limitation Waived at MRT After Compelling Personal History

Background

Our client's sponsor had a history of three prior relationships, each of which ended with his partners leaving him and, in some cases, taking their children. His first partner was granted a spouse visa but later abandoned the sponsor and their two children; while driving after one of these abandonments, the sponsor was involved in a serious vehicle incident that left him hospitalised with post-traumatic stress disorder and unable to work. The second partner also abandoned him, leading to a property settlement and custody battle that severely affected his mental health. A long de facto relationship ending the same way caused further deterioration. He then met the applicant online and the two married after developing a long-distance relationship. The Department refused the application under Regulation 1.20J (limiting the number of sponsorships) and found no compelling circumstances, noting the relationship was not long-standing. We lodged an MRT appeal.

Challenges

• The sponsor had already sponsored two previous partners, triggering the Regulation 1.20J sponsorship limitation
• The Department found the relationship was not long-standing and that no compelling circumstances existed
• Presenting a complex personal history of trauma and multiple relationship breakdowns in a coherent way
• The sponsor was unaware of the sponsorship limitation when he married the applicant