820 and 801 Partner Visas Granted After Schedule 3 Waived Based on Risk of Persecution

Visa TypeSubclass 820 / Subclass 801

CategoryPartner Visa

Case Summary

An applicant who had arrived on a student visa, accumulated a complex history of failed MRT and RRT appeals while remaining unlawful, and then married her Australian sponsor during the review process, secured both the Subclass 820 and 801 Partner Visas through a Schedule 3 submission grounded in compelling risk of persecution if returned to her home country.

Background

Our client had arrived in Australia on a Student Visa and met her sponsor, an Australian citizen. During the relationship, she remained unlawful and lodged successive reviews to the MRT and RRT seeking to regularise her status — each appeal was dismissed, leaving her without viable options. During this period, the couple married and the sponsor achieved permanent residency, making him eligible to sponsor a partner visa application. A forensic review of both the sponsor's and applicant's immigration histories was required to identify and address all contentious issues before lodgement.

Challenges

Applicant was unlawful and had exhausted multiple MRT and RRT appeals before lodging the partner visa
Schedule 3 waiver required based on the circumstances of the unlawfulness
Disclosure and transparency issues from both parties' complete immigration histories needed careful management
Risk of persecution if returned to the applicant's home country provided the core Schedule 3 argument

How We Helped

We conducted a forensic review of both the applicant's and sponsor's complete immigration histories to identify all disclosure and transparency issues needing to be addressed upfront. We built the Schedule 3 compelling circumstances argument around the risk of harm the applicant would face if she were returned to her country of citizenship, noting that these reasons were particularly compelling. We also submitted extensive evidence of the couple's genuine marriage and mutual commitment. A child of the relationship had been born by the time of the visa grant.

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Key Success Factors

Forensic review of both parties' immigration histories to identify and pre-empt all issues
Schedule 3 submission built compellingly around the risk of persecution on return
Thorough evidence of the genuine marriage and mutual commitment
Child of the relationship provided additional context for the application

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Outcome

Both the Subclass 820 and Subclass 801 Permanent Partner Visas were granted in a single lodgement.

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