Partner Visa Schedule 3 Waiver Remitted at MRT Based on Stepchild's Diagnosis and IVF Plans

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

An applicant on a bridging visa whose student visa had been refused due to injury-related attendance issues had his Partner Visa refused on Schedule 3 grounds. At the MRT, we established multiple compelling reasons — including his step-daughter's mental health diagnosis, IVF as a last chance for conception, and significant psychological hardship — resulting in the matter being remitted.

Background

Our client had arrived on a student visa, whose renewal was refused due to poor attendance — itself caused by a serious injury. He reviewed the refusal but, on the advice of his prior agent, withdrew the review and lodged a Partner Visa based on his marriage to an Australian citizen. However, he was on a bridging visa at that point, which is not a substantive visa, making the application subject to Schedule 3 criteria. The partner visa was refused as the delegate was not satisfied the circumstances were sufficiently compelling. We were engaged to represent the applicant at the MRT.

Challenges

Applicant was on a bridging visa — not a substantive visa — at time of lodgement, triggering Schedule 3
Prior agent had withdrawn a live review, eliminating an alternative pathway
Multiple parallel compelling circumstances needed to be identified and substantiated

How We Helped

We prepared a detailed MRT submission identifying three compelling circumstances: first, the applicant's role as a step-father to the Sponsor's daughter, who had been diagnosed with a mental health disorder and whose treatment depended on his involvement; second, the couple's final opportunity to attempt conception through IVF — which would be permanently lost if the applicant were removed; and third, the significant psychological hardship both the applicant and sponsor would suffer from forced separation. We also highlighted that the applicant had never been unlawful and had consistently sought to regularise his status.

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Key Success Factors

Strong compelling circumstances argument centred on the step-daughter's mental health diagnosis
IVF as a time-sensitive and potentially irreplaceable opportunity presented as a compelling factor
Evidence of consistent and proactive effort to maintain a valid immigration status
Psychological hardship for both applicant and sponsor as additional compelling grounds

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Outcome

The Tribunal remitted the Partner Visa application with a direction that the applicant met the Schedule 3 criteria.

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