← Back to Case Studies

Refused Onshore Partner Visa (Subclass 820/801) Overturned at AAT After Adverse Information from Third Party

Visa TypeSubclass 820/801
CategoryPartner Visa

Case Summary

An onshore Partner Visa was refused after the Department acted on adverse information supplied by a scorned third party alleging the relationship was contrived. Following a comprehensive submission to the AAT — including clinical psychology evidence and an extensive response to the refusal reasons — the AAT remitted the application back to the Department on the papers, without a hearing.

Background

The applicant's onshore Subclass 820/801 Partner Visa was refused on the grounds that the relationship was alleged to be contrived. The Department had received adverse information from a person described as a scorned former love interest of the sponsor, and the decision-maker relied on this material in refusing the application. The application was appealed to the Administrative Appeals Tribunal (AAT) for review.

Challenges

  • Visa refused on the basis of adverse third-party information alleging the relationship was not genuine
  • The Department had acted on information supplied by a person with a clear personal interest in undermining the relationship
  • AAT matters involving relationship genuineness are typically determined at a hearing rather than on the papers

How We Helped

We submitted a detailed legal submission supported by material evidence from a clinical psychologist confirming the genuine nature of the relationship between the applicant and sponsor. In addition to the psychology report, we compiled extensive evidence addressing all five pillars of the relationship requirements under the Migration Regulations — covering the nature of the household, financial aspects, social aspects, commitment, and length of the relationship. The submission also directly addressed and rebutted each of the stated reasons for refusal.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Clinical psychology evidence confirming the genuine nature of the relationship
  • Comprehensive evidence addressing all 5 pillars of the onshore partner visa relationship requirements
  • Detailed point-by-point response to the reasons for refusal, supported by documentary evidence
Schedule a call to discover how our experience and expertise made it possible

Outcome

Though AAT matters involving relationship genuineness are typically decided at a hearing, this matter — which had been pending for 4 years — was resolved on the papers alone. The AAT was satisfied by the written submission that the relationship was genuine and remitted the application to the Department for reconsideration.

Related Cases

Subclass 300

Expedited Subclass 300 Prospective Marriage Visa Granted – Afghan Applicant Residing in Pakistan

An Afghan applicant with periods of unlawful stay in Pakistan, whose engagement to his Australian-based sponsor was conducted via a video call rather than an in-person ceremony, was granted a Subclass 300 Prospective Marriage Visa in 10 months — well ahead of the published 26-month processing time.

Read More →
Subclass 820/801

Onshore Partner Visa (Subclass 820/801) Granted After Character Referral to VACCU

An applicant whose partner visa had been refused in 2014 on genuineness grounds, and later remitted to the Department by the AAT, faced a further character referral to VACCU due to decade-old family violence convictions. The matter was resolved within 4 months and permanent residency was granted.

Read More →
View All Case Studies

Need Help With Your Visa Matter?

Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.

Request Free Assessment