February as we know it is the month of love. We just passed the Valentines Day, and in this much spirit of love, I want to tell you about this one particular Partner Visa case that I took on years ago, and how we have prevented a young couple from being oceans apart.
My name is Kris Ahn, an accredited specialist in immigration law, MARN 1171577 from Crux Migration.
To apply for a Partner Visa (Subclass 820 and 801), you must be the spouse (married) or de facto partner of an Australia citizen, Australian permanent resident or an eligible New Zealand citizen (the Sponsor).
The Client (visa applicant) applied for the partner visa back in 2014 on the basis of her relationship with her Australian permanent resident partner. However, the delegate (case officer from the Department of Human Resources) refused to grant the Client the visa because the delegate failed to see that there was a de facto relationship because the Client and her sponsor did not live together.
This case is memorable because it was lodged before the SZOXP case before the Full Court of the Federal Court of Australia – a landmark case which confirmed that a partner visa applicant and sponsor do not have to have been living together for 12 months to establish a de facto relationship.
I took the case to the Administrative Appeal Tribunal (AAT) to appeal and prove that the couple’s relationship is committed, genuine and continuing.
We knew that this case would not be an easy one to win as the law on De facto relationship is somewhat, ambiguous. In order for the case to be successful, we must not only know the law, but it is crucial that we know how to interpret the law. The Client and her sponsor and I took on that challenge.
We knew that this case needed more than just a typical care to win the case. To build a winning case, we needed solid submissions and meticulously prepared and selected dossier of evidences to prove that while the couple did not live together, they satisfy all other criteria of the Partner visa.
The Tribunal had accepted our evidence and reasoning to argue with the law. Our AAT case was successful. The case was remitted back to the Department of Home and Affairs.
Even after the refusal, during their AAT procedure, and even to date, the Client and the Sponsor does not live together due to the Client and the Sponsor’s strong religious and cultural belief.
We’d like to thank you our client for giving us their trust. We are truly honoured to be part of this journey.
Oh by the way, did I mention that both the Client and the Sponsors are in Brisbane? Almost 1,000 km away, in a different state and different city, but thanks to the fast-changing world of technology, we were able to communicate and prepare this important case 24/7 through various forms of communication such as emails, phone calls, WhatsApp, Line, KakaoTalk and Facebook.
No matter where you are in the world, no matter what visa you want to apply for, Crux Migration can help you.
We are open until 8:00 pm for consultations and we provide 24/7 communication channel that allows us to communicate with you no matter the time difference.
This is your life. Choose the best. Choose Crux Migration.
You can book a phone, video conference or face to face Partner visa consultation with Agape Henry Crux (formally known as Crux Migration). Our Immigration Lawyer will assess your relationship circumstances and provide you with tailored advice by referencing the Law.