Outcome
The Administrative Review Tribunal (ART) set aside visa refusal
Special Circumstances
COVID-19 border closures prevented the family from relocating to a regional area despite genuine efforts to do so.
Our client successfully challenged the refusal of their Subclass 190 Skilled Nominated visa after the Tribunal accepted that COVID-19 border closures prevented them from relocating to a regional area. The decision restored the family’s pathway towards permanent residency after years of uncertainty.
The Challenge
The Department refused the family’s Subclass 190 visa because it considered they were not entitled to claim regional points. During the COVID-19 pandemic, however, state border closures and public health restrictions prevented the family from relocating despite genuine attempts to do so.
The refusal left the family facing ongoing uncertainty after years in Australia’s migration system, including an extended period on a Bridging Visa E following errors made by a previous migration agent.
Kindra's Approach
We represented the family before the Tribunal and prepared detailed submissions explaining how COVID-19 restrictions had directly affected their ability to relocate. By presenting evidence of the genuine steps the family had taken, we demonstrated that the circumstances were exceptional and that the regional points should be accepted despite the disruption caused by the pandemic.
The Outcome
The Tribunal accepted our submissions and set aside the visa refusal, restoring the family’s pathway towards permanent residency. Most importantly, the outcome provided greater certainty for the family’s children, who have spent much of their lives in Australia and can continue building their future here.
Had your skilled visa application refused? Our migration lawyers can assess your review options, identify the strongest grounds for appeal, and help you build the strongest possible case.