820 and 801 Partner Visas Secured at AAT After Complex Sequence of Visa and Protection Proceedings

Visa TypeSubclass 820 / Subclass 801

CategoryPartner Visa

Case Summary

After a prolonged sequence of a refused protection visa, affirmed RRT review, an invalid partner visa due to a no-further-stay condition, a refused 8503 waiver, a second successful 8503 waiver, another refused partner visa, and a final AAT appeal — we ultimately secured both the Subclass 820 and 801 Partner Visas for the applicant whose sponsor had a serious medical condition.

Background

Our client arrived on a Subclass 676 Tourist Visa with a no-further-stay condition (8503). He applied for protection on the grounds of political persecution but was refused. The RRT affirmed the refusal. During this time he met and married his sponsor, who was subsequently diagnosed with a serious medical condition. His previous migration agent advised him to apply for a partner visa, but this was found invalid because of the 8503 condition. A waiver request was refused. When the client engaged us, we successfully obtained the 8503 waiver on the basis of the sponsor's deteriorating health. The couple then lodged a partner visa independently — which the Department refused. We were then instructed to appeal to the AAT.

Challenges

8503 no-further-stay condition on the tourist visa rendered the initial partner visa application invalid
First 8503 waiver request was refused before the client engaged us
After the 8503 waiver was obtained a new partner visa was lodged and again refused
AAT hearing required compelling evidence of the genuine relationship and the hardship of deportation
Sponsor's serious medical condition needed to be at the centre of the submissions

How We Helped

We first submitted a second 8503 waiver request, succeeding where the previous agent had failed by grounding the argument in the sponsor's deteriorating health and substantial dependence on the applicant. After the couple lodged their own partner visa and were refused, we represented them at the AAT hearing, providing compelling evidence of the genuine and committed relationship and arguing that separating the couple would cause severe emotional, psychological, physical and financial hardship to both. The use of special counsel at the AAT hearing was an important factor in the outcome.

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Key Success Factors

Successful second 8503 waiver application grounded in the sponsor's medical needs
Comprehensive evidence of the genuine relationship and mutual dependence
Strong AAT hearing submissions demonstrating the hardship of forced separation
Engagement of special counsel at the AAT hearing to strengthen the legal argument

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Outcome

The AAT accepted the submissions and both the Subclass 820 Temporary and Subclass 801 Permanent Partner Visas were granted.

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