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Permanent Partner Visa 801 Refusal Overturned at AAT — Inconsistent Interview Responses and False Allegations

Visa TypeSubclass 801
CategoryPartner Visa

Case Summary

A client's Subclass 801 Permanent Partner Visa was refused on two grounds: inconsistent information in a telephone interview and false allegations from a third party claiming the relationship was contrived. We successfully appealed to the AAT, addressed the inconsistencies, and the matter was remitted within weeks of the hearing.

Background

The client's Subclass 801 Permanent Partner Visa was refused by the Department on the basis of inconsistent responses given by the applicant and sponsor during a telephone interview with a case officer and false allegations from a third party claiming the relationship was fabricated for migration purposes. The couple engaged us for an AAT review.

Challenges

  • Inconsistent information in a Department telephone interview provided a factual basis for refusal
  • False third-party allegations raised a PIC 4020 adverse information issue
  • Inconsistencies between the applicant and sponsor's accounts needed to be identified and explained before the hearing

How We Helped

We lodged a timely AAT review and built a compelling case establishing the genuine and continuing nature of the relationship. At the hearing, our lawyers identified specific inconsistencies within the responses given during the telephone interview and prepared a post-hearing submission to further address those inconsistencies and rebut the false allegations made against the couple.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Early identification of the specific inconsistencies in the telephone interview and a coherent explanation for them
  • Comprehensive evidence of the genuine relationship addressing the false allegations head-on
  • Effective post-hearing submission that persuaded the Tribunal member within weeks of the hearing
Schedule a call to discover how our experience and expertise made it possible

Outcome

Within a few weeks of the hearing we received a successful decision. The AAT remitted the matter to the Department. The clients were relieved that the stressful period was over and that an s801 refusal on grounds of inconsistent information would not form part of their immigration record.

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