Schedule 3 Waiver Secured for Unlawful 573 Student Holder Facing Persecution on Return

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

An applicant whose 573 student visa had expired and who had become unlawful needed a compelling Schedule 3 waiver for his Subclass 820 Partner Visa application. We successfully argued that religious persecution in his home country, combined with the psychological impact on both the applicant and his sponsor, constituted sufficient compelling reasons.

Background

Our client had arrived on a Subclass 573 Higher Education visa with a partner, whose relationship subsequently broke down. He met a new sponsor and they commenced a genuine and committed relationship, including cohabitation. However, his 573 visa had expired and he had become unlawful. The partner visa application was lodged more than 28 days after the expiry of his last substantive visa, requiring a compelling Schedule 3 waiver argument.

Challenges

Applicant was unlawful with the 820 lodged more than 28 days after their substantive visa expiry
Compelling reasons required to justify the Schedule 3 waiver
Applicant's home country was dominated by one religion that the applicant did not follow, making return dangerous
Sponsor had a history of mental illness and would suffer severe psychological effects if the couple were separated

How We Helped

We submitted three compelling grounds: first, the severe psychological impact the applicant suffered following his prior relationship breakdown, which had affected his studies and lifestyle; second, the risk of discrimination and persecution the applicant would face in his religiously restrictive home country given that he did not share the dominant faith; and third, the severe psychological harm that both the applicant and the sponsor would suffer if separated — particularly given the sponsor's history of mental illness and the fact that their relationship would be viewed as illegal in the applicant's home country.

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Key Success Factors

Compelling argument based on the risk of religious persecution in the applicant's home country
Evidence of the sponsor's mental health history and psychological dependence on the applicant
Argument that the couple's relationship would itself be at risk if the applicant returned
Personal circumstances of both parties individually and collectively as compelling factors

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Outcome

The Department accepted the compelling reasons and the Schedule 3 criteria were waived. The Partner Visa was granted.

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