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Partner Visa and Permanent Residency Secured After Detention Following Repeated Non-Compliance

Visa TypeSubclass 820
CategoryDetention / Unlawful Non-Citizen

Case Summary

An applicant who had held three student visas with repeated non-compliance, overstayed, and was ultimately located and detained by NSW Compliance successfully obtained a Bridging Visa E at the MRT (after the Department refused it), and was ultimately granted permanent residency through a partner visa.

Background

Our client had held three student visas, each time receiving Non-Compliance Notices for breaching visa conditions. After overstaying his cancelled student visa, he remained unlawfully in Australia and met his sponsor. Their relationship grew over four years. NSW Compliance eventually located the applicant and he was sent to immigration detention. The sponsor engaged us to lodge an onshore partner visa, but we first needed to obtain a Bridging Visa E to enable lodgement. The Department refused the Bridging Visa application. We then sought review at the Migration Review Tribunal.

Challenges

  • Applicant was in immigration detention at the time of engagement
  • Multiple prior non-compliance notices and an unlawful overstay created a difficult immigration history
  • Bridging Visa E refused by the Department before any partner visa could be lodged
  • Needed to establish that the applicant would comply with future visa conditions despite the history

How We Helped

We sought MRT review of the Bridging Visa E refusal. The MRT determined that the Department had no discretionary power to refuse the Bridging Visa E to an applicant who was applying for a substantive visa — the right to apply for a Bridging Visa E existed by operation of law. While the MRT acknowledged concerns about the applicant's prior compliance, it was satisfied that with appropriate incentives, the applicant would comply with bridging visa conditions. The matter was remitted, the Bridging Visa E was granted, and we then lodged and successfully obtained the onshore partner visa.

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Key Success Factors

  • MRT review establishing that the Department lacked discretionary power to refuse the Bridging Visa E
  • Evidence that appropriate incentives — particularly the partner visa itself — would ensure future compliance
  • Thorough partner visa application following the Bridging Visa grant
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Outcome

The Bridging Visa E was remitted and granted. The partner visa application was successful and the applicant is now a permanent resident of Australia.

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