CASE STRATEGY

We responded to both Section 56 Requests, asking for clarity from the Department, given we ensured the Subclass 482 Visa Application was a decision ready application by providing all required documentation and additional documentation which was not required to assist the Department tin a prompt outcome. We further, in accordance with the Migration Regulations and Policy ensured any country by which the Applicant or his wife stayed in for more than 12 months in the past 10 years, was evidence with a police check report. Despite this, the Department of course have discretion to request further documentation, however we sent correspondence evidencing that the Applicant and his wife provided all documentation necessary.

CASE STRATEGY

We demonstrated the Applicant’s relevant documentary evidence required for the grant of Visa. Additionally, we also evidenced that the Applicant and his wife overseas were in a genuine and continuing relationship and did not marry for migration purposes to Australia and advised the client to provide sufficient evidence of his residency in Australia to satisfy the residency requirement. Subsequently, we addressed the Applicant’s financial, residency and business ties to Australia.

Further, for the Applicant’s partner we advised the Applicant to present 4 sets of evidence to satisfy the assessor that they were in genuine and continuing relationship, including the nature of their commitment, the financial aspects of their relationship, the nature of their household and the social aspects of their relationship. In this documentary evidence it was crucial that the Applicant was afforded an opportunity to put forward the evidence before the assessor of his genuine application and put mere weight on his history of previous visa application.

CASE STRATEGY

We advised the Applicant to firstly present substantial ties to Australia, through factors such as her family in Australia, her property in Australia and even aspects such as her efforts to apply for jobs in Australia in preparation and intentions of returning to Australia. We then focused our evidentiary support on the compassionate grounds for the Applicants absence which surrounded her work requiring her overseas, and her inability to retain work in Australia.

CASE STRATEGY

We advised the Applicant’s to provide a plethora of documents including but not limited to passport stamp pages, movement records as well as Statutory Declarations from their spouse and other family members with who the Applicant lived with, given their names were on all utility bills. We compiled all the available and relevant documentary evidence at the time visa application lodgement. The application was lodged 2 days prior to the visa expiry.  

CASE STRATEGY

We advised the Company to ensure they display the Genuine Need for the position whilst displaying the Nominee’s experience which benefited the restaurant, and should the position remain open and the negative financial impact it would have on the business if the position was not filled. Additionally, we ensured that a thorough letter was attached at the time of lodgement, detailing the Restaurant’s history and operations currently and ensured all necessary documentation was provided at the time of lodgement, to ensure that the case officer, was able to review the application promptly. Lastly, we also provided a Genuine Temporary Entrant Submission to the Applicant’s Visa Application at the time of lodgement, evidencing their ties to the home country, to demonstrate that they will be in Australia temporarily.

CASE STRATEGY

We ensured that a Genuine Temporary Submission was provided upon lodgement to ensure the Department have all relevant information as to the Applicant’s ties to their home country.

CASE STRATEGY

We advised the Applicant to make full disclosure through attaching a PIC 4020 Submission to their Visitor Visa. In this Character Submission we found it crucial to detail the Applicants inability to understand his disclosure obligations with specific regard to Health Declarations, and how the Applicants failure to understand this, did not afford them the opportunity to disclose this.  We also addressed the Applicants ties to their home country, including but not limited to their family, and their properties, to display the Applicants intention to visit Australia temporarily.

CASE STRATEGY

Given the company’s financial record, it is crucial to provide enough evidentiary proof to support that the company is lawfully operating business in Australia and meets the financial capacity to sponsor its employees. Accordingly, it is also vital to demonstrate that in the case where the company suffers substantial loss at any stage during the time of sponsorship, then the company’s shareholders possess enough assets to support the business.

CASE STRATEGY

We advised the Company to ensure they display the Genuine Need for the position whilst displaying the Nominee’s ability to meet the requirements of the position, given his experience in the Company and his qualifications. ISL lawyers also argued the negative impact it would have on the business, if the position was not filled. We also ensured that a thorough letter was attached at the time of lodgement, detailing the Restaurant’s history and operations currently and ensured all necessary documentation was provided at the time of lodgement and thereafter, to ensure that the case officer, was able to review his application promptly.