Visa Refusal based on Genuineness

November 6, 2021 - Unreported Cases

The Applicant lodged a protection visa, although he had already met the Sponsor. The Applicant and Sponsor then married, and after this the Applicant’s protection visa was refused. The Applicant then lodged an application for a Partner visa on the grounds of being in a spousal relationship with an Australian citizen.

The Department refused to grant the Partner visa. The Applicant then applied to the MRT for review of the delegates’ decision. A hearing was scheduled with the MRT, however the Applicant and Sponsor attended alone as their migration agent failed to attend. Immigration Solutions Lawyers (‘ISL’) was instructed to act for the client in relation to the MRT after the hearing had taken place. The MRT then affirmed the decision to refuse the Partner visa.

The Applicant applied for Ministerial intervention and lodged a complaint with OMARA concerning the conduct of his previous Migration Agent. The Minister intervened in the Applicant’s case and granted him a 676 visa with work rights to enable the Applicant to lodge a Partner visa. However, the Partner visa was refused and the Applicant made an application for a review to the MRT. The refusal was based on the Applicant’s visa history and the Department had reached the view that the Applicant and Sponsor were not in a genuine and continuing relationship.

ISL submitted that the Applicant provided a substantial amount of evidence to prove the genuineness of his relationship with the Sponsor, and that the Applicant would provide further evidence of their relationship such as evidence of their joint residence and joint bank account.

ISL successfully secured the grant of a Partner visa.