Schedule 3 Criteria Overcome for Partner Visa Applicant on Bridging Visa With Protection History
Case Summary
An applicant on a bridging visa following an unsuccessful protection visa application sought a Subclass 820 Onshore Partner Visa, requiring a Schedule 3 waiver argument that addressed the applicant's human rights circumstances.
Background
Our client had met their sponsor in Australia while travelling on a Subclass 456 visa. The couple entered into a committed, genuine relationship and came to rely on one another emotionally and financially. When they sought our assistance, the applicant was on a bridging visa following a prior unsuccessful protection visa application. This situation required a Schedule 3 waiver argument to be lodged alongside the Subclass 820 application. On reviewing the matter, we identified that while the prior protection visa claim did not satisfy the strict UN Convention definition of a refugee, there were substantial human rights concerns that were relevant to the Schedule 3 consideration.
Challenges
- Applicant was on a bridging visa following a refused protection visa, requiring a Schedule 3 argument
- Prior protection visa application complicated the overall immigration history
- Protection visa claim did not meet the UN Convention definition of a refugee
- Identifying compelling reasons for the Schedule 3 waiver without relying on a refugee protection argument
Outcome
The Schedule 3 argument was accepted and a successful Subclass 820 Partner Visa was granted to the applicant.
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