Our client was originally detained and placed in Villawood Immigration Detention centre after living unlawfully in Australia for a period of four years.
Following our clients deportation to his country of Citizenship, we proceeded to apply for a Partner visa based on his long term relationship with an Australian citizen. However, the Partner visa was never going to be an easy option, as we had to convince the Department of Immigration that compelling reasons for approving our client’s visa were in existence to justify a visa approval, despite our client’s history of unlawful residence and forced deportation from Australia.
Partner visa applicants who are forcibly removed under Section 198 of the Migration Act need to satisfy Special Return Criterion 5002.
Special Return Criterion 5002 requires that applicants who are removed under s198 of the Migration Act demonstrate compelling reasons affecting the interests of an Australian citizen or Permanent Resident for granting our clients visa within twelve months of a deportation.
Due to the highly sensitive nature of the compelling reasons we articulated to the Australian Embassy, we are not going to publish details associated with our clients compelling reasons.
Notwithstanding the above, general scenarios that may be considered as compassionate and/or compelling include:
We are pleased to confirm that our clients visa has now been approved just in time for him to be able to spend Christmas and New Year 2016/17 with his wife in Australia.