Another feel good partner visa story: Big win for fairness at the Administrative Appeals Tribunal (AAT).
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.
And after 3 days before the tribunal AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia.
Consequently if you or anyone you know is about to lodge partner visa or has had a partner visa refused please speak to one of the lawyers at our office for thorough advice on your options.
Call 03 9614 0218 or email firstname.lastname@example.org to arrange a free initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page