Case Background
Our client's Partner Visa (subclass 820) application was refused by the Department of Home Affairs. The refusal was based on concerns about the genuineness of the relationship. The client engaged our services to lodge an appeal with the Administrative Appeals Tribunal (ART).
Initial Challenges
- Relationship Evidence: The original application lacked comprehensive evidence of the relationship
- Communication Issues: Language barriers had affected the initial application
- Time Constraints: Limited time to prepare for the tribunal hearing
Our Strategic Approach
1. Comprehensive Case Review
We conducted a thorough analysis of:
- The original visa application
- Department's decision and reasons for refusal
- All available evidence
- Gaps in the original submission
2. Evidence Collection
We worked closely with the client to gather:
-
Financial Evidence
- Joint bank accounts
- Shared financial commitments
- Joint investment documents
-
Social Evidence
- Photos from various periods
- Social media interactions
- Testimonials from friends and family
-
Cohabitation Evidence
- Lease agreements
- Utility bills
- Mail addressed to both partners
-
Commitment Evidence
- Wedding ceremony documentation
- Future planning documents
- Correspondence between partners
3. Witness Preparation
We prepared multiple witnesses including:
- Family members
- Friends who knew the couple
- Community members
Each witness was carefully briefed on:
- What to expect during the hearing
- How to present their testimony effectively
- Potential questions they might face
4. Legal Submissions
We prepared detailed written submissions addressing:
- Each reason for the initial refusal
- How additional evidence addressed the concerns
- Relevant case law supporting our position
- Migration law provisions applicable to the case
The Hearing
The hearing took approximately 3 hours. Our strategy included:
- Opening Statement: Clear overview of the case and key points
- Evidence Presentation: Systematic presentation of all evidence
- Witness Testimonies: Well-prepared witnesses provided strong support
- Applicant's Testimony: Our client confidently answered all questions
- Closing Submissions: Summarized why the appeal should succeed
The Outcome
Success: The tribunal set aside the Department's decision and found that the relationship was genuine and continuing. The visa was granted.
Key Success Factors
- Thorough Preparation: We left no stone unturned in gathering evidence
- Professional Representation: Our experience with ART processes was crucial
- Strong Evidence: Comprehensive documentation addressed all concerns
- Effective Communication: Clear presentation of facts and law
- Client Cooperation: Our client was fully engaged throughout the process
Lessons Learned
For Future Applicants
- Document Everything: Keep comprehensive records of your relationship from the start
- Seek Professional Help Early: Don't wait until after a refusal
- Be Honest: Consistency and truthfulness are crucial
- Stay Organized: Maintain all documents in a systematic manner
Common Mistakes to Avoid
- Insufficient evidence in the original application
- Poor quality or unclear documentation
- Lack of consistent communication records
- Missing financial evidence
- Inadequate witness statements
ART Appeal Process
Timeline
- Day 1-28: Lodge appeal and prepare initial submissions
- Day 28-90: Gather additional evidence
- Day 90-180: Hearing preparation
- Hearing Day: Present case before the tribunal
- 4-8 weeks later: Decision received
Success Rates
While success rates vary depending on visa type and circumstances, proper preparation significantly improves outcomes. Our firm has achieved a success rate of over 75% in ART appeals.
How We Can Help You
If your visa has been refused, don't give up. Many refusals can be successfully challenged through the ART process.
Our Services Include
- Initial case assessment
- Evidence review and gap analysis
- Comprehensive appeal preparation
- Hearing representation
- Full support throughout the process
Why Choose Us
- MARA registered agents (Registration: 1467870)
- Extensive experience with ART appeals
- High success rate
- Personalized service
- Fluent in multiple languages
Contact Us Today
If you've received a visa refusal and want to explore your appeal options, contact us for a confidential consultation.
Phone: 03 9961 7302 Email: info@insightidea.com.au
This case study is based on a real case but details have been modified to protect client confidentiality. Every case is unique, and past success does not guarantee future results. This article is for informational purposes only and does not constitute legal advice.