820 and 801 Partner Visas Secured After MRT Review of Department Refusal

Visa TypeSubclass 820 / Subclass 801

CategoryPartner Visa

Case Summary

An applicant who had remained unlawfully in Australia after a student visa cancellation obtained a Subclass 820 Partner Visa, and later secured the Subclass 801 permanent partner visa through the Migration Review Tribunal after the Department refused the application following an unscheduled phone interview.

Background

Our clients came to us with two notable issues. First, the applicant had remained in Australia unlawfully after his student visa was cancelled. Second, there was a significant age difference between the couple. After the couple commenced cohabitation and entered into a committed relationship with both emotional and financial interdependence, we compiled the necessary evidence and secured the Subclass 820 visa within two weeks of lodgement. Two years later, the couple became eligible for the Subclass 801 Permanent Partner Visa. During processing, the Department contacted the couple directly for an unscheduled phone interview and subsequently refused the 801 application on the grounds that the genuineness of the relationship was in doubt.

Challenges

Applicant was unlawful at the time of the Subclass 820 application
Significant age difference between the couple raised concerns about relationship genuineness
Department conducted an unscheduled interview and refused the 801 application without prior warning
Fresh evidence required for the MRT review to prove the couple's ongoing genuine relationship

How We Helped

For the initial Subclass 820 application we compiled compelling evidence of the couple's genuine and committed relationship, achieving a grant within two weeks. After the Subclass 801 was refused following the Department's unscheduled interview, we gathered further detailed evidence establishing the extent, duration and genuine nature of the relationship and submitted a comprehensive case to the Migration Review Tribunal (MRT), directly addressing the concerns raised.

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Key Success Factors

Prompt and comprehensive 820 application achieving a grant within two weeks of lodgement
Detailed MRT submission supported by new evidence of the couple's ongoing commitment
Documentation of the couple's continued mutual reliance over the years since the 820 was granted
Thorough response to the Department's concerns about the relationship's genuineness

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Outcome

The MRT accepted our submissions and the Subclass 801 Permanent Partner Visa was ultimately granted. This case illustrates the importance of being prepared for the Department to conduct direct contact with applicants and sponsors at any stage of processing.

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