Outcome
Partner visa refusal overturned by the Administrative Review Tribunal
Special Circumstances
The application involved a lengthy immigration history, including previous refusals, Schedule 3 issues and concerns about whether the relationship was genuine and ongoing.
Our client’s partner visa application was refused after the Department concluded there was insufficient evidence that the relationship was genuine and ongoing. We rebuilt the case with comprehensive evidence addressing each of the Department’s concerns and demonstrating the relationship had continued to strengthen over time. The Administrative Review Tribunal accepted our submissions and overturned the refusal, allowing the couple to continue their life together in Australia.
The Challenge
The Department refused the application, concluding there was insufficient evidence that the relationship was genuine and ongoing.
The matter was further complicated by a lengthy immigration history, including earlier Schedule 3 issues, previous refusals, and ongoing concerns about the consistency of the relationship evidence. To succeed before the Tribunal, we needed to demonstrate that the relationship satisfied the legal requirements both at the time of application and at the time of the Tribunal’s decision.
Kindra's Approach
We rebuilt the case around the complete history of the relationship, carefully addressing every concern raised by the Department. Our team strengthened the evidence across all four relationship factors, including financial arrangements, shared household, social recognition and mutual commitment, to present a comprehensive picture of the couple’s life together. We explained perceived inconsistencies in their living arrangements and financial records, demonstrating that these reflected the realities of their circumstances rather than a lack of commitment.
By presenting evidence of the relationship’s progression over more than five years, from friendship to a committed de facto relationship, and ultimately marriage, we established the genuine and ongoing nature of the partnership. We also relied on favourable findings from earlier Tribunal proceedings, including the successful Schedule 3 waiver, to demonstrate that the relationship had continued to strengthen over time and that the Department’s concerns were no longer justified.
The Outcome
The Tribunal accepted that the relationship was genuine, continuing and mutually committed. The refusal was overturned, allowing our client to continue building their life in Australia with their spouse.
If your partner visa application has been refused, Kindra Migration Lawyers can assess your case and advise you on your options for review or appeal.