Dangers of DIY Partner Visas

The Australian Department of Immigration charges a high Visa fee of AUD 6,895* to sponsor a fiancé or spouse from overseas. Most sponsors do not have the extra funds to engage the services of a competent Migration Agent to prepare well documented persuasive application, instead they  decide to “DIY” their application.
*Note: VAC for partner visa will increase to AUD 7,000 effective 1st July 2017

Not knowing the web of complex laws upon which partner visas are based upon, the “DIY”  applications faces  a high risk of getting refused based on discretionary decision exercised by the Case Officer.  As a result, in the end, the sponsor will have to fork out much more money than intended for an  MRT appeal or resubmit  further new application or bear the pain of separation.

Below is an extract from a portion of a typical decision record followed by rebuttal as  our appeal response:

Decision Record:
“You and your sponsor provided the following evidence regarding social aspect of your relationship:

  • Photos
  • Form 888 Statutory declarations from XXXXX and XXXXXXX and XYZ and ABCD
  • Invitations and cards, transcript of well wishes
  • travel itinerary and boarding passes

Overall, you and your sponsor have provided evidence that you present yourselves as a couple to family or the wider community. Evidence alone is insufficient to demonstrate that you are in a genuine and continuing spousal relationship with your sponsor.”

Our Appeal Response:
“Once again the delegate (Case Officer) discounts the relevant documents without stating as to why these evidences are brushed aside with no weight to given to them. This gives rise to believe that a pre-determined inherent bias exists and this bias runs throughout the assessment. The delegate errs in not considering all the evidence cumulatively. When all the evidence are considered cumulatively and wholly and in relation to each other the outcome would satisfy Section 5F of the Migration Act and the provisions of the corresponding regulation 1.15A and the relevant PAM policy guidelines.”

The above extract shows it is always wise to use a competent agent to prepare a partner visa application. As a specialist in Compliance and Appeals cases, registered MARA agent Robert Chelliah is engaged to prepare and lodge the appeal to the AAT. Get in touch with him today!

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