Couple Obtains Schedule 3 Waiver for Partner Visa at AAT after Federal Circuit Court Victory

In a recent case, a partner visa applicant who had been refused an onshore subclass 820/801 Partner Visa due to lack of compelling reasons, and later had his refusal affirmed by the AAT came to us for assistance after the Federal Circuit Court decided that the AAT had made a legal error. We created new legal submission for the AAT reconsideration hearing and were able to achieve a victory for the client at the AAT who, on reconsideration, decided that the client and sponsor met the Schedule 3 waiver requirements regarding compelling reasons.

“We have a great deal of experience with the Schedule 3 criteria for onshore partner visas both at the DIBP level and at the AAT level, and know these cases can be challenging for applicants as the opinion of the decision maker about what is ‘compelling’, a term that has no legal definition in the migration law, is often a central issue. We knew this client realistically had one chance left to achieve success at the AAT and we were very happy that the AAT decided to rule in the client’s favour after considering our submission package and the oral testimony at the hearing. This couple had their entire future in Australia on the line, and I’m thrilled we were able to achieve a positive outcome for them.” – Mark Northam

Outcome: AAT remitted case back to DIBP after hearing with a finding that the client met the Schedule 3 waiver compelling reasons criteria. Visa grant expected shortly once DIBP completes the assessment process.

Student Visa Success: Applicant Granted New Student Visa After Substantial Non-Study Period

Our client who came from a high-risk country was studying at a challenging school and, like many students, found himself struggling to keep up with his studies due to language issues and a very challenging academic program. A sudden medical condition resulted in the student having to take an extended period of time off from his studies, after which he became concerned about re-entering studies as he felt he was too far behind. He became depressed and dropped out of school without notifying immigration officials. Over a year later he came to us to assist him when after lodging a new student visa application he was asked a number of questions about his extended period of non-study without notice.

“This client had spent many months dreading his return to studies, and was very concerned that he would not be granted a further visa because he had taken a long time away from school without notifying the immigration department. We helped gather all applicable documents and put together a detailed submission about his period of non-study, including his issues with keeping up with a challenging academic program.” — Mark Northam

Outcome: The client was granted his new student visa and allowed to remain in Australia to continue his studies.

Northam & Associates Successful In Obtaining 8503 Waiver – Couple Facing Violence and Hatred in Home Country Allowed to Remain in Australia and Lodge Partner Visa Application

In this case, the client was a highly successful contemporary artist whose home had been vandalised and destroyed in his come country because he chose a career in contemporary art that was not in practice with the conservative religious nature of the rural area he lived in, and had a Western partner. After an initial refusal of a waiver of Condition 8503 which was preventing him from lodging an onshore partner visa in Australia, and facing the prospect of having to return home to the violence, the visa holder contacted Northam & Associates who prepared a new, comprehensive 8503 waiver submission including complete references to all applicable migration law.

“Our client had already lost his home and his possessions when they were vandlised and destroyed by locals in his rural home town. While Condition 8503 waivers are not easy to get, especially after 1 refusal, we believed that this client had a very compelling story that, when combined with a comprehensive submission, would be successful. The alternative of having to depart Australia without his partner and returning to the kind of hatred and violence he had already endured was just not acceptable and we had to do everything we could.” — Mark Northam

Outcome: The waiver request was successful and the client was allowed to remain in Australia and lodge an onshore partner visa application.

Northam & Associates Wins Character Cancellation Case – Visa Holder Avoids Cancellation of 23-Year PR Visa, Removal and Lifetime Travel Ban to Australia

In this successful case, the client had served 3 short prison sentences for violating an Apprehended Violence Order (AVO) related to an on-again, off-again relationship with a former girlfriend, including an incident involving accidental injury with a knife. The Client had been issued a previous cancellation notice and formal warning by the immigration department, but after the third prison sentence received a second Notice of Intention to Consider Cancellation his PR visa, which he had held for 23 years. The visa holder arrived in Australia 23 years ago at the age of 4 with his family and had no contacts or family in his home country.

Faced with the immediate threat of being removed from Australia and prohibited from returning to Australia for the rest of his life, the visa holder selected Northam & Associates to prepare his defence. We researched the immigration laws and regulations that applied to his situation and prepared a 150-page submission detailing the reasons why the visa holder should not have his visa cancelled, including statements from family, friends, former employers, plus extensive court documents, case law and legal precedents that applied to his situation.

“This case was one of the most important cases we’ve worked on because if we couldn’t win the case, the client was facing immigration detention, removal from Australia, and a lifetime ban on travel to Australia where all of his family lives and where he’s lived since age 4. Character based cancellations are serious issues, and we knew we had to use every possible way to show that despite some bad judgement related to a troubled long-term relationship, our Client was a person who had turned his life around and deserved to remain in Australia with his family. “ — Mark Northam

Outcome: The case was successful and the client was allowed to remain in Australia.