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Refused onshore partner visa sc820/801 application


The Applicant was refused an onshore Subclass 820/801 Partner Visa application. The application was then appealed to the Administrative Appeals Tribunal (AAT) for review by Immigration Solutions Lawyers (ISL).


The applicants onshore partner visa application was refused onshore on the grounds that the applicant and sponsors ‘relationship was contrived’. The Department received adverse information that the relationship was not genuine. The departmental case officer relied on the adverse information lodged by a scorned love interest of the sponsor.


ISL provided a detailed legal submission supported with material evidence from a Clinical Psychologist that confirmed the relationship between the applicant and sponsor was genuine. In addition to the Clinical Psychologist Report, we submitted extensive evidence on the longevity of the relationship which addressed the 5 pillars of the onshore partner visa application requirements as set out in the Migration Regulations. The detailed submission also included a response to the reasons for refusal which was supported by documentary evidence.


In general, AAT matters that are on review based on the issue of Genuiness of a relationship are typically heard by way of a hearing. In this particular matter, which was pending for 4 years at the AAT (pre covid) the AAT made a decision on the papers based on the fact that the detailed submission ISL prepared was extensive to receive a favourable outcome. The AAT remitted the onshore partner visa back to the Department after being satisfied that the applicant and sponsor were in a genuine relationship.

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