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Schedule 3 Criteria Overcome for Partner Visa Applicant on Bridging Visa With Protection History

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

An applicant on a bridging visa following an unsuccessful protection visa application sought a Subclass 820 Onshore Partner Visa, requiring a Schedule 3 waiver argument that addressed the applicant's human rights circumstances.

Background

Our client had met their sponsor in Australia while travelling on a Subclass 456 visa. The couple entered into a committed, genuine relationship and came to rely on one another emotionally and financially. When they sought our assistance, the applicant was on a bridging visa following a prior unsuccessful protection visa application. This situation required a Schedule 3 waiver argument to be lodged alongside the Subclass 820 application. On reviewing the matter, we identified that while the prior protection visa claim did not satisfy the strict UN Convention definition of a refugee, there were substantial human rights concerns that were relevant to the Schedule 3 consideration.

Challenges

  • Applicant was on a bridging visa following a refused protection visa, requiring a Schedule 3 argument
  • Prior protection visa application complicated the overall immigration history
  • Protection visa claim did not meet the UN Convention definition of a refugee
  • Identifying compelling reasons for the Schedule 3 waiver without relying on a refugee protection argument

How We Helped

We carefully analysed the applicant's immigration history to identify the strongest available arguments. We determined that substantial human rights abuses were relevant to the Schedule 3 consideration and prepared an extensive submission addressing these concerns comprehensively, making a detailed case for why the Schedule 3 requirements should not apply to this partner visa application.

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Key Success Factors

  • Thorough analysis of the applicant's immigration history to identify viable legal arguments
  • Comprehensive human rights submissions supporting the Schedule 3 waiver claim
  • Clear evidence of a genuine and committed relationship between the applicant and sponsor
  • Effective distinction between the protection visa claim and the compelling circumstances argument
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Outcome

The Schedule 3 argument was accepted and a successful Subclass 820 Partner Visa was granted to the applicant.

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