Partner Visa Appeal at AAT Successful Despite Adverse Information and Credibility Issue
Partner Visa Applicant’s Background
The Client met her current husband in a shopping center and the couple began dating and was married before the Client’s previous student visa expired.
The Client and her husband continued their marital relationship however due to the nature of the relationship and some of the personal issues with the Applicant, the Couple was not able to provide sufficient supporting evidence in relation to their relationship other than some joint bank statements and very limited support letters from families and friends.
The application were refused by the department and the Client appealed the decision to the AAT.
Apart from limited supporting evidence, the Tribunal has also received adverse information which may suggest that the relationship was not genuine and it was entered for the sole purpose of gaining permanent residency in Australia.
After appealed the decision and engaged another agent’s prior service, the Client found our firm sought our assistance.
Our Immigration Assessment of the Partner Visa Applicant’s Situation
To succeed in a case of partner visa especially in the case where adverse information were brought in the picture, there are certain information that may be helpful to address each aspect of the relationship, which may include social photos, family support letter, evidence of joint finances, etc.
However, this is not necessarily the case, as there have been many case laws in the past that suggest a relationship can still be genuine despite that the application may lack certain information or supporting evidence.
Our Argument
Due to the nature and personal circumstances of their relationship, there was only very limited evidence of their relationship. Moreover, due to the personalities of the couple, and their intention to keep the relationship as private as possible, the couple were unable to provide any additional more supporting documents including photos or support letters although their relationship has been ongoing for a few years, they rarely socialized outside of the household.
We assisted her in her Tribunal case and we won by:
o Using case laws to argue her current case to address their genuine relationship despite very limited supporting documents;
o Helped her build up the case based on existing evidence, and that despite the allegations, there was no evidence that directly suggests that this relationship was a contrived one
o Represented and assisted her at the Tribunal pointing out any possible mistakes made by the translator or misunderstandings to the Tribunal Member immediately.
The case was successfully won at the AAT.