Australian Partner Visa – Schedule III – Visa refusal – AAT appeal – win for young love! A win on the papers – no trial!
I was retained to assist with a partner visa that had been refused. The visa had been refused because the visa applicant did not hold a substantive visa at the time they and there partner/sponsor applied for the partner visa. Hence Schedule III came into play.
Headline – not only did AR LAW SERVICES win the AAT appeal for the client but we did so on the papers that is no trial/hearing saving the clients money and the stress of giving evidence in the witness box and being subjected to difficult or awkward questions.
What is Schedule III – what is it about?
Basically visas such as partner visas require an applicant to be a holder of a substantive visa or at the time of application if the application is made inside Australia. There may be situations where an applicant does not hold a substantive visa. For example, an applicant might be holding a Bridging Visa, or they may in fact be an unlawful non-citizen.
If either of the two elements apply, in addition to meeting ordinary visa applicant criteria, an applicant will need to meet the following:
- 3001 – Generally applies to visa applications made within 28 days of certain events or
- 3002 – Applicable to applications made within 12 months of certain events and
- 3003 – Relates to applicants that who became unlawful due to factors beyond their control, substantial compliance and compelling circumstances are assessed as mitigating factors or
- 3004 – Relates to applicants who are unlawful due to factors beyond their control, and compelling circumstances are assessed as mitigating factors and;
- 3005 – Relates to ability to access Schedule III provisions
The purpose of Schedule III provisions is to encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases. It is also in place to discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa. Finally, provisions are in place to prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission.
Partner visa Subclass 820/801 Partner Visa (Onshore) – Prospective Marriage visa 300 visa
For more than 20 years Anthony Robinson and his team at AR LAW SERVICES: Master Immigration Lawyers have been helping win Partner visa cases – both onshore and for people NOT in Australia – at application stage and at Appeal stage: AAT and Federal Court Stage. Here is what a few clients have said:
Mr Robinson recently won my son’s Partner visa – Administrative Appeals Tribunal Case. It was an appeal to the AAT because my son’s and his wife’s partner visa had been refused. It was a difficult and long case that turned on “intellectual capacity” – the original visa application had been lodge some four (4) years ago, and we were at the AAT for three (3) days. My Son, his wife and our family are very happy with AR LAW Services.
Jamil Choudhry
AAT visa Refusal Appeal – Partner Visa Matter
AR LAW Services won my partner visa at the MRT, it was a long a difficult case, the department had rejected my visa application twice, but Mr Robinson fought for me and my husband and we won. I think Mr Robinson is very professional and extremely good at his work. I have no hesitation in recommending AR LAW Services. In fact we are now applying for my husband’s Australian citizenship.
Milena Janakievska
Partner Visa – Visa Refusal – AAT Visa Refusal Appeal Matter
How to apply – please click here
AR LAW Services was retained to appeal a particularly cruel decision by the Department of Immigration (DIAC) that had deprived a young man of a life with his lawfully wedded wife for more than four years.
The applicant – a young Australian man who suffers a significant intellectual disability – had tried on numerous occasions to secure a partner visa for his young wife. The applications – despite being lodged by a well known migration law firm – were consistently refused by DIAC on the grounds that his intellectual disability robbed him of the capacity to understand concepts like “love”, “marriage” and consequently DIAC believed he lacked the ability to “sponsor” his wife were she to come to Australia.
AR LAW Services argued that “the chance to love and be loved is not solely the preserve of the gifted and the beautiful but those with intellectual disabilities can to love too”.
So when it was all said and done this case was about discrimination and prejudice. Something that has no place in a fair and just legal process or the rule of law.
After three days before the tribunal, AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia.
So if you or anyone you know has an Australian Partner Visa refused, rejected or cancelled contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
WHEN THINGS GO WRONG
When relationships fail – it is a difficult time. Fortunately AR LAW SERVICES is a fully inclusive Law Firm and we can help both with divorce matters and intervention orders.
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
