Successful Partner Visa Review at the Administrative Appeals Tribunal

September 7, 2017

Schedule 3 Issues and the importance of establishing Compelling Circumstances:

The client came to Immigration Solutions Lawyers for assistance in a review to the Administrative Appeals Tribunal (‘AAT’) for the refusal of a (subclass 820) partner visa. The Department of Immigration and Border Protection (‘DIBP’) was not satisfied that sufficient evidence demonstrating compelling reasons existed pursuant to the Migration Regulations 1994 (Cth) (“the Migration Regulations”) to waive the Schedule 3 Criteria to which the Review Applicant is subject to.

The client had entered into Australia on a student visa. Whilst in Australia, the client lodged an application for a Protection (Class XA) visa. This application was refused at the DIBP level, the AAT level and had been refused by the Minister at the Ministerial Intervention level. The client therefore had to overcome her lengthy immigration history in Australia and evidence compelling circumstances in order to waive Schedule 3. As the client had a newborn child with her Australian Citizen husband, the Merits Review stream were able to evidence the significant hardship that would be caused on the Sponsor if he would be forced to separate from his newborn child.

The AAT member was compelled by the strong arguments that were established by the lawyers at Immigration Solutions Lawyers and made a decision in the client’s favour only one (1) day after the hearing. Schedule 3 is a complex hurdle that should be handled by experienced lawyers like the team at Immigration Solutions Lawyers. The team at Immigration Solutions Lawyers are very invested in their cases and ensure that all matters that come up before the AAT are presented in the strongest possible light.