Student Visa Applicant Exposed to PIC 4020 and PIC 4013 But Overcome With Partner Visa

Visa Applicant’s Background

A Korean national came to us after she had received a natural justice letter from the Department inviting her to comment on PIC 4013 for her ongoing Student Visa Application.
Previously, the Applicant departed the country unlawfully within the three year period.
The Applicant was adopted from a very young age by a Korean citizen, who currently holds a Permanent Visa in Australia.

When asking about her goals, the Applicant said she wishes to remain in Australia, stay with her parents and continue her study before any other migration pathways are open to her.
The Applicant came to see us with less than a week left, which meant that the team had to quickly put together a strategy addressing compassionate and compelling reasons to overcome this potential issue.
During this time, the client received another natural justice letter from the Department inviting her to comment on the fact she had provided false and misleading information (PIC 4020).
The Department claimed that on her Student Visa application she did not disclose the fact she previously overstayed in Australia.
With being both PIC 4013 and PIC 4020 affected, the client potentially was subject to two three-year bar to her current application.
Despite being an adopted child of Australian permanent resident, she was unable to obtain a child visa due to various reasons previously.

We identified that the easier approach would be to add the client as the secondary applicant to her father’s partner visa application, even though the father is already a holder of a permanent Partner visa.
Our team quickly acted to withdrew the Student Visa and lodged a Partner Visa for her father.
The client currently is on a Bridging Visa A, awaiting her visa. She has the right to travel in and out of the country and is no longer subject to any of the PICS.