Immigration Solutions Lawyers specialise in three areas of migration law: Corporate Migration, Family Migration and Judicial and Administrative Merits Review. Our lawyers have a wealth of knowledge and experience to assist you with a detailed and systematic application to pursue a successful outcome at any stage of your visa application process.

This case involved a review to the Administrative Appeals Tribunal in relation to a refused Partner Visa (subclass 820). In this case both the applicant and sponsor were born in India. The sponsor had previously sought protection in Australia. She was afforded protection due to her sexual orientation, and after her time as a permanent resident, had been granted Citizenship. From the time the sponsor entered Australia, to current, she had not been in touch with any family members from her country of origin. The sponsor as a result of the hardship caused to her, suffered from a mental illness.

The applicant entered Australia on a Student (subclass 573) Visa to study in two courses. When the Student (subclass 573) Visa ceased, the applicant was granted a Student (subclass 572) Visa. Due to a default in payment, the vocational institution cancelled the applicant’s enrollment and as a result the Student (subclass 572) Visa was cancelled. The applicant’s subsequent student visa application was refused due to unsatisfactory attendance during the previous course. The applicant remained unlawfully in Australia as he feared persecution, on religious grounds, should he return to his country of origin. The applicant then applied for a Protection (subclass 866) Visa that was refused at the Department of Immigration and Border Protection (DIBP) and the refusal decision was affirmed at the Administrative Appeals Tribunal, Federal Circuit Court, Full Federal Court and the High Court. Finally the applicant applied for a Partner (subclass 820/801) Visa, after marrying the sponsor. This was also refused at the DIBP. The applicant lodged their own review to the Administrative Appeals Tribunal. Given the complexity of their matter, they then engaged Immigration Solutions Lawyers to construct their detailed submission and attend the hearing.

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 the applicant was not holding a substantive visa at the time of application, his Partner (subclass 820) 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 8502 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.

Immigration Solution Lawyers successfully established all factors to waive the schedule 3 criteria by constructing arguments to showcase that the circumstances under which he became unlawful and the compelling reason to grant the visa. Immigration Solution Lawyers established that the applicant became unlawful due to a combination of family, mental and financial issues. The applicant and sponsor are married and expecting a baby and it was confirmed that the couple’s relationship and the hardships experienced by the sponsor given her fragile mental state, were sufficient in providing compelling and compassionate reasons for grant the Partner (subclass 820) Visa.

Immigration Solutions secured a successful outcome at the Administrative Appeals Tribunal and the case was remitted back to the Department of Immigration and Border Protection.

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