MIGRATION – FAMILY SPONSORED VISITOR VISA
AAT MIGRATION REVIEW HEARING
Andrew Woo, Migration Agent here at Taylor and Scott has won an appeal to AAT for a client whose family sponsored visitor visa was refused by the Department of Immigration and Border Protection.
HISTORY OF THE CASE
Andrew’s client first met his now wife who was living in a country on the African continent several years ago and subsequently married his wife in 2014. Our client’s wife successfully applied for a visitor visa on two prior occasions and came to visit her husband on each occasion. In each instance, the visitor visa had conditions including a ‘No Further Stay’ condition and required the wife to leave Australia before its expiry date.
During her most recent visit, when the wife was due to depart Australia via South Africa, there was an outbreak of xenophobic attacks against foreign nationals living in South Africa. This situation caused Andrew’s client and his wife tremendous fear and trepidation for her safety and caused them to delay the wife’s departure and wait until things improved in South Africa. Consequently, the wife had no option but to overstay her visitor visa, inform the Department of her circumstances and apply for a bridging visa E to remain in Australia lawfully.
As Andrew’s clients wanted to be prepared for all contingencies, they went on to request a waiver of the ‘No Further Stay’ condition which was subsequently declined. A few weeks thereafter, fortunately the situation in South Africa settled down and the wife was able to leave Australia and safely fly out to South Africa to catch a connecting flight to her native country. Upon her return home, Andrew’s clients commenced preparation of the long-awaited partner visa and subsequently submitted the partner visa application.
FAMILY SPONSORED VISITOR VISA
After the partner visa was submitted, Andrew’s clients started arranging another visitor visa for the wife to come to Australia to be with her husband. Unfortunately, this visa was declined on the basis that the delegate was not satisfied that the wife intended a genuine temporary stay mainly having regard to the immigration history of the wife and more specifically her overstay on her most recent visitor visa.
This meant that the wife would possibly never be allowed to visit her husband in Australia despite their long-term relationship unless and until their partner visa was eventually granted.
TRIBUNAL HEARING AT AAT – SUCCESSFUL
Andrew submitted an application for a review to the Administrative Appeals Tribunal for his clients. At the Tribunal, Andrew argued that the wife had complied substantially with the visa conditions attached to her previous visitor visas and her overstay was an isolated and unfortunate event brought about by unforeseen circumstances (the wife’s fear for her safety) which was beyond the wife’s control.
Andrew’s arguments and submissions were successful. The Tribunal accepted that the wife intends to comply with any visa conditions attached to the visitor visa and genuinely intends to stay temporarily with her husband in Australia.
TAYLOR AND SCOTT’S OFFER TO YOU IN FAMILY SPONSORED VISITOR VISA APPLICATIONS
If you or a member of your family, loved ones or acquaintances needs migration advice, contact Andrew Woo, migration agent at Taylor and Scott.
Andrew will provide you with clear and unambiguous advice if he believes your case has merit, he will do everything he can to assist you in achieving a successful outcome. Contact Andrew on 1800 600 664 or complete the Contact Form on this page.
Andrew will do everything he can to assist you and your family to a better future.
At Taylor & Scott “We Care For You”.