Partner Visa 820 AAT Review Succeeds Despite Complex History of Protection Visa Refusals
Case Summary
A client whose partner visa had been refused on Schedule 3 grounds — and who had a prior history of protection visa refusals at every level including Ministerial Intervention — succeeded on AAT review. The imminent hardship to the applicant's Australian citizen husband and their newborn child was the compelling reason that secured the waiver.
Background
The client arrived in Australia on a student visa and then lodged a protection visa application. That application was refused at the Department level, rejected by the AAT, and denied at Ministerial Intervention. These cumulative refusals gave her a lengthy and difficult immigration history. She subsequently married an Australian citizen, had a newborn child, and lodged a Subclass 820 partner visa — which was refused because she was not holding a substantive visa at the time of lodgement, meaning Schedule 3 applied. The Department was not satisfied that sufficient compelling circumstances existed to waive the criteria.
Challenges
- Lengthy immigration history including protection visa refusals at Department, AAT and Ministerial Intervention levels — a severe adverse factor for Schedule 3
- Schedule 3 criteria applied as the applicant was not on a substantive visa at lodgement
- The entire weight of the prior adverse history had to be addressed and overcome
Outcome
The AAT delivered a decision in the client's favour just one day after the hearing. Schedule 3 was waived and the matter was remitted to the Department for reconsideration.
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