Matter: Refusal on Partner (subclass 820) Visa Application
Parties Involved:
Administrative Appeals Tribunal (AAT)
Migration and Refugee Division
Decision:
No further hearing required (Remitted) due to sufficient evidence
Brief Description:
Applicant and sponsor met overseas in 2015. They maintained a long-distance de facto relationship whilst applicant worked as a maritime crew.
Applicant and sponsor started living together in October 2017 in the Philippines. Shortly, in December 2017, applicant joined the sponsor in Australia. They lodged their visa application in February 2018.
Client’s application for Partner (subclass 820) Visa was refused by the Department on the ground that “You and your sponsor have not provided any other documentary evidence to support that you are living together as a couple, sharing a household and the responsibilities of a household dated 12 months prior to lodgment.”
At the AAT, more than a week before the scheduled hearing, Gabito Lawyers submitted its Legal Submission (supported by overwhelming wealth of verifiable evidence) and argued, among others, that the Department seriously erred in refusing the visa application because it ignored the principle laid down in the case of SZOXP v MINISTER FOR IMMIGRATION AND BORDER PROTECTION BC201505033 [2015] FCAFC 69 : Our conclusion is that there is no requirement that the couple previously live together in the definition of a “de facto relationship” or in the requirement that the couple “do not live separately and apart on a permanent basis.
On 25 June 2021, Atty Cyril Gabito received an email
“The Presiding Member in this matter wishes to advise that there is sufficient evidence for him to make a remit decision on the papers, without the need for a hearing. Please be advised that the hearing that was scheduled for 30 June 2021 has been cancelled and you are no longer required to attend” [underscored supplied]
It is important to consider that Partner Visa (Subclass 820) is one of the most expensive visas in Australia and the least thing you would want is having it refused.
Partner visa application may appear simple but the complete process of understanding the requirements, collating and organizing all the documents, checking if you really qualify involves critical details that might impact the outcome of your application.
Entrust your application with experienced Registered Migration Agents and Immigration Lawyers to guide you: only those who have worked in countless applications, both simple and complex, can provide accurate and efficient assistance. They know all intricacies of the legislation, what totally applies and what doesn’t apply to you, and what is the best strategy for you.
We would love to be part of your visa journey. Our genuine and determined endeavour is to deliver results to our clients in a cost-effective way and with the minimum amount of stress.
