Refusal is not always the end of the story

August 22, 2017

If first you don’t succeed try again.

It is all in the strength of the case and the quality of the submissions.

At Immigration Solutions Lawyers, we are often presented with cases where a visa application is rejected for a number of reasons. This rejection may be for a number of reasons, such as:

  • the Public Interest Criterion (PIC) 4020, which enables refusal of a visa if an applicant provides false or misleading information in their application, or if the Minister is not satisfied of an applicant’s identity.[1] See our website
  • S 501 of the Migration Act 1958, which sets out the character requirements for any person who wishes to enter or stay in Australia, inclusive of non-citizens, sponsors of visa applicants, and non-migrating family members seeking to enter or stay in Australia.[2] Under s 501, the Minister for Immigration has the power to refuse the grant of a visa if the Minister is satisfied that the person does not pass the character test: See our website
  • Schedule 3 of the Migration Regulations 1994, whereby, when applying for an Onshore Partner Visa, additional criteria is imposed on applicants who are not the holder of a substantive visa, such as where the applicant is unlawful at the time they apply or have been on a Bridging Visa  in excess of 28 days.See our website

 

The most recent case presented to the family visa stream at Immigration Solutions Lawyers required a multifaceted approach. Initially, this client contracted Immigration Solutions to lodge a Subclass 820 Partner Visa on their behalf in June, 2014. From the outset it was established that it would be imperative that Schedule 3 criteria be satisfied.  The partner visa was refused on schedule 3 grounds at the primary level. Immigration Solutions Lawyers appealed this decision to the Administrative Appeals Tribunal (AAT). The review was successful, and the AAT remitted the case back to the Department of Immigration and Border Protection (DIBP) for further processing.

Substantial additional evidence was submitted to the DIBP in support of the visa application. In February of 2016, the client’s Subclass 820 visa was granted.

However, it is not the end of the story, as the Subclass 820 Partner Visa is but the first step in a two stage process to permanent residency for immigrants coming to Australia. As such, once an 820 visa has been granted, this allows the applicant temporary residence in Australia until such time that a Partner visa (subclass 801) is granted.

Immigration Solutions Lawyers submitted the subclass 801 visa application in August on 2016, and subclass 801 visa was granted in August of 2017.  Apart from the visa outcome, the processing time itself was also a good result.  75% of 801 visa applications are usually processed in 19 Months.

For more information on how Immigration Solutions Lawyers can assist you or your loved ones to immigrate to Australia, visit our website, or contact us on 1300 428 472.

 

[1] Department of Immigration and Border Protection (DIBP). (2017). Public Interest Criterion 4020. <https://www.border.gov.au/Trav/Life/Publ#>

[2] Department of Immigration and Border Protection (DIBP). Fact Sheet – The Character Requirement. <https://www.border.gov.au/about/corporate/information/fact-sheets/79character>