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Onshore Partner Visa (Subclass 820/801) Granted After Character Referral to VACCU

Visa TypeSubclass 820/801
CategoryPartner Visa

Case Summary

An applicant whose partner visa had been refused in 2014 on genuineness grounds, and later remitted to the Department by the AAT, faced a further character referral to VACCU due to decade-old family violence convictions. The matter was resolved within 4 months and permanent residency was granted.

Background

The applicant's onshore Subclass 820/801 Partner Visa was refused in 2014 on the grounds that the relationship was alleged to be fabricated. After substantial submissions and evidence were lodged at the AAT, the Tribunal remitted the application to the Department for reconsideration without a hearing. Once remitted, the Department referred the application to VACCU — the Visa Applicant Character Unit — due to criminal convictions on the applicant's Australian Federal Police certificate. These convictions related to family violence and were more than a decade old.

Challenges

  • Application originally refused in 2014 on grounds of relationship non-genuineness
  • Following remittal by the AAT, the application was referred to VACCU due to historic family violence convictions
  • Character referrals to VACCU regularly take years to resolve

How We Helped

We submitted a comprehensive legal submission accompanied by substantial evidence from a clinical psychologist confirming that the applicant posed no ongoing risk to Australia or the Australian community. The psychologist report examined the circumstances surrounding the offences in detail. The submission was reinforced by character references and the applicant's personal statement addressing her remorse and rehabilitation. We demonstrated that there was no consistent pattern of violent behaviour and that the offences were isolated incidents.

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Key Success Factors

  • Clinical psychologist report confirming no ongoing risk to the community
  • Evidence establishing the offences were isolated incidents rather than a pattern of behaviour
  • Compelling demonstration of genuine remorse and sustained rehabilitation
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Outcome

Despite VACCU referrals often taking years to resolve, this matter was finalised within 4 months. After nearly a decade navigating the immigration process, the applicant was granted a Subclass 801 permanent residency visa.

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