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Successful AAT Remitted Decision Visa Grant - Circumstances Beyond an Applicants Control - The importance of a forensic review of Immigration History with a Schedule 3 Argument It is all in the detail.

The Applicant came to Australia in the hopes of study to improve his prospects of finding a good job once he returned home. The Applicant applied for and was granted a Subclass 572 Vocational Education and Training Sector visa.

At the time the Applicant was struggling to financially support himself, due to the high cost of living and course fees. The Applicant obtained a part time job in order to support himself. The Applicant found that as he worked considerably longer hours his college attendance decreased. This led to the Applicant’s Subclass 572 Student visa being automatically cancelled due to the unsatisfactory course completion.

The Applicant put forward a review to the Department through the MRT for the cancellation of his Student visa. During the review process the MRT chose to affirm the cancellation decision.

The Applicant found that the review process had taken a substantial portion of his finances forcing him to remain in Australia as he was unable to purchase a ticket home.

During this time the Applicant and Sponsor met and entered into a genuine and committed relationship. While in the relationship the Applicant suffered a severe injury and become unlawful as he could not travel home.

Throughout this period, the Applicant and Sponsor were unable to address the Applicant’s visa status and concerns of being unlawful due to his extensive injuries.

The Applicant lodged an 820 Partner visa based on his long term relationship with an Australian Citizen.

The Subclass 820 visa is designed for individuals who are married to or in a de facto relationship with an Australian Citizen, permanent resident or resident eligible New Zealand Citizen.

The Department of Immigration refused the applicant’s 820 visa as they did not believe that he had compelling reasons to waive the schedule 3 requirement.

The applicant sought assistance from the legal team at Immigration Solutions to lodge an appeal to the AAT.  Immigration
Solutions completed a forensic review of the Applicants history and collected further evidence to strengthen the Schedule 3 argument through an extensive submission.

Our legal team determined that the Applicant’s circumstances were unforeseeable and outside of his control. However, Immigration Solutions were able to provide substantial evidence regarding the serious injury the applicant had obtained while living in Australia and the impact this had on him. Immigration Solutions also mentioned that if the applicant were to return to his home country, he would not receive the same treatment and care. Also, Immigration Solutions argued that the applicant did not have the financial means to go home and support himself at the time of application.

We were able to provide extensive material on compelling reasons as to why the Schedule 3 requirements did not apply for the Partner visa in this circumstance and a successful Subclass 820 Partner visa was granted.

Immigration Solutions Lawyers is one of the leading immigration law firms in Australia. Headed by managing director and principal lawyer Anne O’Donoghue, the firm has over 22 years of experience. The legal team at ISL are experienced in dealing with complicated matters and will do their best obtain a positive outcome for each and every case.

To find out more about Immigration Solutions Lawyers click here.

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