Immigration history so important in schedule 3 issues.

Posted on October 22, 2015 by Emily

The applicant and sponsor requested Immigration Solutions Lawyers to assist them with a complex matter regarding a refusal of an 820 partner visa and appealing this to the AAT.

The Applicant applied for a Subclass 820 partner visa on the basis of his relationship with an Australian Citizen.  The Department refused to grant the visa on the basis that the applicant did not hold a substantive visa at the time of the application. The Department found that the Applicant did not satisfy the Schedule 3 criteria and were not satisfied with the compelling reasons for not applying those criteria.

ISL’s legal team aided the Applicant in appealing the decision to the Administrative Appeals Tribunal- Migration Division. ISL represented the Applicant and Sponsor at the hearing. The Tribunal had looked through the applicant’s entire immigration history and questioned the applicant about why he had a student visa refusal. However, Immigration Solutions Lawyers had forensically analysed the applicant’s previous immigration history before the hearing and argued that the reasons for the student visa refusal were outside the applicant’s control. The Tribunal accepted this and moved on to whether there were any compelling reasons to waive the schedule 3 requirement.

ISL provided extensive material on compelling reasons to not apply for the schedule 3 requirements, including the sponsor’s severe medical conditions and the couple’s financial issues. The sponsor had suffered from these medical conditions for years due to traumatic events in her life however did not have any support until she met the applicant. ISL argued that these circumstances were compelling enough to waive the schedule 3 criteria.

The Tribunal was satisfied that the medical condition suffered by the sponsor and detrimental effects she would suffer if she was separated from the applicant provides a compelling reason for not applying the Schedule 3 criteria.

The Tribunal decided to remit the application back to the Department with the direction that the Applicant had met the schedule 3 requirements and the grant of the Subclass 820 partner visa was issued.

ISL is a leading immigration law firm headed by the managing director and principal lawyer Anne O’Donoghue. The firm has been assisting clients in navigating the different avenues of migration to Australia since 1993. Their extensive experience in immigration law has enabled many of their clients the opportunity to call Australia home.

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