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.