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Waiver of condition 8503 due to discrimination (same-sex relationship) - Condition waived

The applicant was originally from an Asian Pacific country and had arrived in Australia on a tourist visa. The applicant met the sponsor and the two began a relationship. The applicant wanted to stay in Australia, however he had an 8503 condition imposed on his visa. This meant that he could not apply for any visas whilst he was in Australia.

We submitted to the Department that the sponsor suffered from severe depression and was completely dependent on the applicant for emotional and psychological support.

This argument was accepted by the Department and the applicant was able to lodge an onshore visa application.

We then made an application for a Subclass 826 Interdependency Visa (now included under a Subclass 820 Partner Visa). We argued that the 12-month cohabitation rule should be waived due to the couple’s compelling and compassionate circumstances. We submitted evidence of the couple’s genuine and continuing relationship and the sponsor’s complete dependency on the applicant. We emphasised the discrimination that the applicant and his children from his previous marriage would face due to his homosexuality if he were to return to his country of birth.

The application was ultimately successful and the applicant was granted a partner visa.Ā 

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