Unique and exceptional circumstances - physical and emotional dependence (same-sex relationship)
The applicant had been staying illegally in Australia after his visa had expired. We argued that there were unique and exceptional circumstances that required the Minister to intervene in this matter. These circumstances were that the applicant had developed a close and loving relationship with an Australian citizen who was HIV positive. This meant that the Australian citizen was largely dependent on the applicant in his daily life; it also meant that the applicant had to quit his job in order to maintain the couple’s farm property in addition to looking after his partner.
The argument was successful and the applicant was eventually granted a Permanent Resident visa by the Minister.
