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Same sex partner - Schedule 3 waiver - Partner visa granted

The applicant was a citizen of a European Union Country and had been in Australia on a Subclass 497 (Graduate Skilled) visa. The sponsor and the applicant were in a long term relationship.

The applicant wished to obtain an 820 Partner Visa however the application was rejected for two reasons:

  1. The applicant had overstayed his original visa at the time of application.

In order for the application to succeed, the applicant needed to show compelling reasons which justified the waiver of this requirement (a Schedule 3 waiver) in addition to the all the requirements of an 820 visa.

  1. The couple also did not meet the 12 month cohabitation requirement.

The couple wished to review the matter and sought our assistance in preparing the review.

We submitted evidence that there were compelling and compassionate grounds for the grant of the visa. We argued that the sponsor’s health would be at risk if the applicant were unable to stay in Australia. We supplied evidence that the sponsor was in poor health after having suffered two heart attacks. We submitted evidence that the sponsor was completely dependent on the applicant for many day-to-day activities. We also described how the applicant took it upon himself to monitor the sponsor’s health and, without his constant vigilance, the sponsor’s life may be at risk.

The tribunal accepted this argument and found that the there were compelling and compassionate grounds to waive the 12 month cohabitation requirement.

The Tribunal remitted the case with a direction that the partner visa be granted.

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