Schedule 3 Waiver for 820 Partner Visa Where Unlawfulness Was Caused by Previous Agent's Failures

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

An applicant's student visa was cancelled, she successfully overturned the cancellation, but her prior migration agent failed to advise her of the 28-day window to lodge a new student visa, leaving her unlawful. When we took over at the Schedule 3 requisition stage, we successfully argued the unlawfulness arose from conditions outside her control.

Background

Our client arrived on a Subclass 572 Student Visa which was later cancelled due to her attendance record. She successfully overturned the cancellation and had a 28-day window to lodge a new student visa. However, her prior migration agent never informed her of this window, and the opportunity lapsed. She subsequently lodged a new student visa application (outside the 28 days), which was refused. A further MRT appeal and a Ministerial Intervention request were both unsuccessful — the Minister noted that a partner visa might be available. The couple then lodged an 820 partner visa. We were engaged at the Schedule 3 requisition stage, as by this time the applicant's last substantive visa had expired.

Challenges

Applicant had become unlawful as a direct result of her previous migration agent's failure to inform her of the 28-day window
Multiple prior proceedings (MRT, Ministerial Intervention) had all been unsuccessful
Schedule 3 criteria required compelling circumstances despite the complex immigration history
Required engagement at the Schedule 3 requisition stage without having managed the prior proceedings

How We Helped

We submitted that the applicant's unlawfulness was entirely outside her control — it resulted directly from her prior agent's failure to advise her of the 28-day opportunity. Since then, the applicant had consistently taken all available steps to regularise her status. We also submitted that the applicant would face significant psychological hardship if forced to leave, as she had escaped an abusive prior marriage and her current sponsor was her primary source of emotional support.

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Key Success Factors

Clear attribution of the unlawfulness to the prior agent's failure, establishing it was beyond the applicant's control
Evidence of the applicant's consistent and proactive attempts to regularise her status throughout
Psychological hardship argument grounded in the applicant's escape from an abusive prior marriage
Sponsor's role as the applicant's primary emotional support elevating the hardship of separation

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Outcome

The Schedule 3 argument was accepted and the Subclass 820 Temporary Partner Visa was granted.

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