Onshore Partner Visa sc820/801- Character issue referred to VACCU
CASE TYPE
The Application for an onshore Subclass 820/801 Partner Visa application referred to VACCU Character unit within the Department of Home Affairs.
CASE BACKGROUND/DIFFICULITY
The onshore Partner Visa Application (sc820/801) of the Applicant was refused in 2014 due to the assertion that the relationship between the Applicant and Sponsor was fabricated. The case was brought before the AAT, and after thorough submissions and substantial evidence lodged by ISL, the AAT sent the application back to the Department for further assessment without holding a hearing, solely depending on the information provided by ISL.
Once the application was remitted to the Department for further assessment, the Applicant received notification that her application had been forwarded to VACCU, which is the Visa Applicant Character Unit of the Department, for further scrutiny. The Applicant had previous criminal convictions on their Australian Federal Police certificate, which were dated more than a decade ago in relation to family violence.
CASE STRATEGY
ISL submitted a comprehensive legal submission accompanied by substantial evidence from a Clinical Psychologist, which affirmed that the Applicant poses no danger to Australia or the Australian community. The report thoroughly examined the circumstances surrounding the offense, and the submission was reinforced by character references and the Applicant’s statement, emphasising their regret and efforts towards rehabilitation. ISL successfully demonstrated that there was no consistent pattern of violent behaviour and that the offenses were isolated occurrences.
CASE OUTCOME
It often takes a considerable amount of time, sometimes even years, for various issues referred to the Character section of the Department to reach a final resolution. In the case at hand, this particular matter remained pending at VACCU for a duration of four (4) months until a decision was ultimately reached. After enduring nearly a decade within the immigration process, the Applicant was finally granted a sc801, thereby securing her permanent residency in Australia.
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