Refusal on Partner (subclass 820) Visa Application

Surprisingly, the Immigration can still refuse an application despite meeting the criteria and eligibility. The genuineness of applicant’s intention is heavily gauged to enter Australia.

So, what is the next step if your application gets refused?

In one of our successful cases, we were instructed by our clients to ask the Tribunal to remit their Partner Visa application to the Department of Home Affairs for reconsideration.

The applicant and the sponsor genuinely shared a deep connection, which has strengthened their friendship and ultimately led to a long-distance relationship. They initially kept in contact through Facebook and Skype whilst the applicant was residing in the Philippines. Not long after the sponsor made extra efforts to go overseas for a holiday to finally meet his partner. Over the next couple of months, the sponsor decided to bring his partner in Australia as a tourist. On her second visit to Australia, the couple decided to get married.

They were both thrilled to apply for a Partner Visa to live the life as husband and wife. However, the immigration’s decision was to refuse the application due to unmet financial aspects, nature of household and social aspects, and the nature of person’s commitment to each other despite their marriage certificate and joint financial documents. Our strategy was to reiterate the chronology of events and the contributions of the applicant she did for the relationship. The applicant was studying her community courses so she could get a decent job in Australia and be able to contribute to household expenses. Overall, there was no doubt that they were in a genuine and on-going relationship. We raised relevant legislations and policies which we argued the applicant have met.

Our client was granted the Partner Visa and we are happy to be a part of their life-long journey as married couple.

If you require any migration services you may contact our office.