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The Importance of Compassionate and Compelling Arguments

Immigration Solutions Lawyers have the knowledge and experience to assist you with visa cancellations and refusals. After your visa has been refused or cancelled there are options available to you including submitting an application for merits review of your case to the Administration Review Tribunal.

Both the applicant and sponsor were born and met in the Philippines. The applicant and sponsor were a same sex couple. The sponsor has become an Australian Citizen and the applicant entered Australia on a Medical Treatment Long Stay (subclass 685) Visa to see if she was compatible to give her father a kidney transplant. The applicant underwent a nephrectomy to surgically remove her left kidney only to find that her kidney was full of cancer and unable to be used as a donor.

The applicant subsequently applied for a Student (Temporary) Visa, Medical Visa (subclass 602) and a Partner Visa (subclass 820), all of which were refused. The applicant then approached Immigration Solution Lawyers for help. The applicant instructed Immigration Solution Lawyers to submit an application to the Administration Review Tribunal for a review of the decision of the Department of Immigration and Border Protection (DIBP) to refuse a Partner Visa (subclass 820).

For a Partner Visa to be granted, the applicant must be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. As this was a de facto relationship, the relationship must be shown to have been in existence for at least 12 months. As the applicant was not holding a substantive visa at the time of application, her Partner Visa application was subject to additional criteria in Schedule 3 of the Migration Regulations 1994. Schedule 3 criteria can be waived on several grounds, including whether the applicant become unlawful due to factors beyond their control, complied substantially with any conditions on their original visa, the last held visa was not subject to a 8503 no further stay condition, the applicant will comply with the conditions attached to future granted visas and there are compelling reasons for granting the visa such as personal circumstances.

Immigration Solutions Lawyers successfully were able to satisfy all factors to waive the schedule 3 criteria including the factors beyond the applicants control due to medical issues, that she complied with all conditions on her original visa and that there were compassionate and compelling reasons for granting the visa citing their 7 year de facto relationship, the applicant’s desire for future study to create a better future and the applicant medical history.

As Immigration Solution Lawyers successfully established all factors to waive the Schedule 3 criteria and the case was remitted back to the Department of Immigration and Border Protection for evaluation of Schedule 2 criteria.

Click here to read more about Immigration Solutions Lawyers and Anne O’Donoghue

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