Partner Subclass 820/801 visa refusal in 2019 at 820 Stage. The assessing officer was not satisfied that the couple met the definition of spouse under s5F the Migration Act 1958 and that they did not satisfy SCH 3 Waiver requirements. The couple got married just before the visa application, although there had been a long history of relationship where children were born as well as breakdowns between them. The first AAT review outcome was negative although it was overturned through the judicial review. Interestingly the court found Jurisdictional errors in mistakes made by the interpreter during AAT review.
Our team acted for the couple during the second AAT review. The challenge was that the applicant & sponsor were not at the same location due to unforeseen circumstances to satisfy SCH 3 waiver. Our team prepared comprehensive evidence addressing every possible concern that could be raised by the newly constituted presiding member. The Tribunal eventually recognized that although the parties’ initial relationship had difficulties, they have now found happiness and stability in Australia. The sponsor’s health has deteriorated and separating them would cause additional emotional hardship.
The final outcome was a positive AAT decision which was delivered within 3 days of our submissions and without a hearing.
Reported by [email protected]