Third Sponsor Restriction Waived at MRT Based on Long-Standing Genuine Relationship

Visa TypePartner Visa

CategoryPartner Visa

Case Summary

A partner visa application was refused after the Department found the sponsor had already sponsored two prior partners within the relevant period under Regulation 1.20J. We appealed to the MRT and demonstrated sufficient compelling circumstances — including the genuineness and longevity of the relationship and the couple's desire for a family — to warrant a waiver.

Background

Our client applied for a Partner Visa sponsored by her long-term partner, an Australian citizen. The application was refused because the sponsor had already had two people granted visas as his spouse, and less than five years had passed since the second sponsorship, bringing the matter within the restriction in Regulation 1.20J. We were instructed to appeal the decision to the MRT, where we needed to establish compelling circumstances affecting the sponsor sufficient to justify a waiver.

Challenges

The sponsor had already been responsible for two prior sponsorships, triggering the Regulation 1.20J limitation
Less than five years had elapsed since the second sponsorship application, creating a strict threshold to overcome
Compelling circumstances affecting the sponsor needed to be clearly established
Genuineness of the current relationship needed to be robustly evidenced

How We Helped

We submitted evidence of the genuine and long-standing nature of the applicant and sponsor's relationship, including material demonstrating the couple's shared plans for a future together. We argued that the couple's desire and intention to start a family constituted compelling circumstances particular to the sponsor, and emphasised the genuine and committed nature of the relationship throughout.

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Key Success Factors

Clear and convincing evidence of the genuine and long-standing nature of the relationship
Evidence of the couple's shared plans including intention to have a family together
Compelling circumstances argument addressing the sponsor's specific situation
Thorough presentation of the relationship to establish its genuineness beyond doubt

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Outcome

The Tribunal accepted the evidence of compelling circumstances and found the criteria were satisfied. The application was remitted to the Department for reconsideration, and the visas were ultimately granted.

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