820 and 801 Partner Visas Granted at AAT After Divorce, Reunion and Interreligious Persecution Argument

Visa TypeSubclass 820 / Subclass 801

CategoryPartner Visa

Case Summary

A couple who had separated, divorced and then reunited faced a refused Subclass 820 Partner Visa application — the Department concluded the applicant had deliberately manipulated his immigration status to gain a pathway to remain. A successful AAT appeal established the genuineness of the relationship and grounded a compelling Schedule 3 argument in the risk of religious persecution the applicant would face if returned home.

Background

Our client had arrived on a Subclass 573 Student Visa and married his sponsor, an Australian citizen. After significant hardship together, the couple divorced and separated. They later reunited, reconciled, and decided to remarry. During the period of separation, the applicant had lodged a nomination under the Employer Nomination Scheme (a 857 visa), which was refused. When the sponsor later obtained permanent residency and they remarried, they applied for a combined Subclass 820/801 partner visa. The Department refused the application, finding that the applicant had orchestrated the ENS nomination appeal to stay in Australia until the sponsor could sponsor him — in other words, that he had manipulated the system. The Department also found the Schedule 3 criteria were not met. We were engaged to appeal to the AAT.

Challenges

Department found the applicant manipulated the ENS MRT appeal to remain in Australia until the sponsor could sponsor him
History of divorce raised questions about the genuineness of the refound relationship
Schedule 3 criteria not met due to the applicant's lack of a substantive visa at lodgement
Both the genuineness of the long-standing relationship and the compelling circumstances for Schedule 3 needed to be established

How We Helped

We rebutted the Department's 'system manipulation' finding by pointing out that if the applicant had been strategically manipulating the system, he would never have divorced the sponsor in the first place. We documented the genuine trajectory of the relationship — the initial genuine marriage, the hardship and separation, and the genuine reconciliation. We also argued that the applicant would face financial hardship if returned and would be subject to persecution in his home country based on his marriage to the sponsor, as they were of different religions. The AAT was satisfied and waived the Schedule 3 requirement.

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Key Success Factors

Compelling rebuttal of the Department's 'system manipulation' finding using the couple's relationship history
Clear documentation of the reconciliation and genuineness of the renewed relationship
Persecution argument grounded in the interreligious nature of the marriage
Financial hardship evidence supporting the Schedule 3 compelling circumstances

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Outcome

The AAT waived the Schedule 3 requirement and remitted the matter to the Department. Further documentation was submitted and both the Subclass 820 and Subclass 801 Permanent Partner Visas were ultimately granted.

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