Overcoming a complex Immigration History at the AAT

September 7, 2017

Why you should not give up on your visa application if you have a lengthy Immigration History in Australia:

The client came to Immigration Solutions Lawyers having encountered a series of failures and disappointments using several Migration Agents. The client presented a complex case with a string of refused visas. This included refusals at the Department of Immigration and Border Protection (‘DIBP’) level, refusals at the Migration Review Tribunal (as it then was) and an application to the Federal Court.

Given the client was in a long-term de facto relationship with her Australian Partner (a permanent resident), she had lodged a Partner (Temporary) (Class UK) (Subclass 820) visa and a Partner (Residence) (Class BS) (Subclass 801) visa application. This visa application had been refused at the DIBP level, due to not meeting Schedule 3 of the Migration Regulations as she had lodged her visa application whilst not holding a substantial visa. The Merits Review stream that contains Lawyers and Registered Migration Agents, successfully assisted this client in an appeal to the Administrative Appeals Tribunal (‘AAT’).

In appealing against the decision of the DIBP, the team at Immigration Solutions Lawyers were able to present a strong and comprehensive argument. The team successfully mitigated the client’s lengthy immigration history in Australia and were able to evidence the genuine relationship that the client had with her Australian partner.

As such, the client received an oral decision on the day of the hearing at the AAT. Oral decisions are incredibly rare to receive. The AAT member was compelled by how well the case was articulated and commented on the comprehensive forty (40) page submission that the Immigration Solutions Lawyers team had prepared for the client. Schedule 3 was therefore overcome at the AAT level and the matter has now been remitted back to the DIBP with the instructions that the client meets the requirements to waive the schedule 3 criteria.

Schedule 3 is a significant hurdle to overcome at the AAT level especially when you have a lengthy immigration history in Australia. The team at Immigration Solutions Lawyers are very experienced and have achieved a high rate of success at the AAT in these matters.