Grounds of Partner Visa Refusal: Marriage of Convenience

One of the main grounds for partner visa refusal given by the immigration department is in its determination that the marriage is a “marriage of convenience”.

Read below how our MARA agent, Robert Chelliah (MARN: 9254011) presented his argument on this for a partner visa MRT appeal case:

 

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The consideration of the often repeated suspicion of “contrived marriages” or “marriage of convenience” arranged for the purpose of enabling a party to obtain a visa to migrate to Australia, has been put to rest.

We cited a federal court case where it was observed by his honours that:
“People enter marriages with a variety of purposes and motives, hopes and anticipations, so that it is not possible to classify some purposes etc. as according to what may be described as ‘community expectations’. It is not necessarily inconsistent with a genuine marriage relationship that it was entered into by one or both parties with a view to material benefit or advancement, as for example with the hope of becoming eligible to reside in a particular country. The true test, we would suggest the only test, is whether at the time at which the matter has to be decided it can be said that the parties have a mutual commitment to a shared life as husband and wife to the exclusion of others. Mr Jolly never addressed that question. Accordingly, it seems to us that he failed to take into account a relevant consideration.”

 

Nonetheless, in reality it is the hope of most parents from third world countries with poor circumstances, such as Vietnam or Punjab, for their eligible daughters to marry an eligible bachelor of same cultural background from a developed country, such as Australia or the United States and emigrate as his genuine spouse. This desire and aspiration does not distract the parties from establishing an ongoing genuine commitment to each other as spouses.

 

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Has your Australian partner visa been refused?

Get in touch with Robert Chelliah, AMA Pty Ltd’s MARA agent with 27 years of experience in all kinds of complex MRT cases with a high success rate:
ama@austmigration.com.au
Australian mobile: +61-4-12173502
Malaysian mobile: +6012-348 2961
Singapore mobile: +65-8223 4805