Partner Visa Schedule 3 Waived at AAT After Series of Prior Visa Failures — Oral Decision on the Day
Case Summary
A client with a lengthy and complicated immigration history — multiple visa refusals at departmental, MRT and Federal Court level — successfully had her Schedule 3 partner visa application remitted by the AAT following a strong 40-page submission and hearing representation. The AAT member delivered an oral decision on the day of the hearing, an exceptionally rare outcome.
Background
The client had been through a difficult immigration journey involving a series of failed visa applications, refusals at the Department, the Migration Review Tribunal, and an application to the Federal Court. Despite this history, she was in a long-term de facto relationship with her Australian permanent resident partner. She had lodged Subclass 820 and 801 partner visa applications, which were refused by the Department because she was not holding a substantive visa when she applied, meaning Schedule 3 applied to her application. We took over as her representatives for the AAT appeal.
Challenges
- Lengthy immigration history including prior refusals at departmental, MRT and Federal Court levels — a significant adverse factor for Schedule 3 waiver
- Applicant was not holding a substantive visa at time of lodgement — Schedule 3 criteria squarely applied
- Needed to persuade the Tribunal to look past the extensive history and focus on the genuine relationship and compelling circumstances
Outcome
The AAT member delivered an oral decision on the day of hearing — an extremely rare outcome — commenting on the quality and comprehensiveness of our submission. The matter was remitted to the Department with a finding that the applicant met the requirements to have the Schedule 3 criteria waived.
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