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在澳学生上诉成功,被允许申请配偶签证

更新日期:2018年2月5日

该学生在澳期间曾尝试申请难民庇护签证,但是被拒绝;后来曾上诉仲裁庭并且寻求移民局长干预都以失败告终。因此以及其他各种原因受到移民法规Schedule 3条款的限制,被禁止在澳申请配偶签证获得永居。


代理人上诉仲裁庭并给出如下理由:他在澳有新生婴儿子女,如果被迫父子分离会给申请人以及其他家庭成员造成巨大困境。


仲裁庭判决取消Scedule 3对申请人的限制,允许申请人在澳大利亚申请配偶永居签证。





The client came to ... the Administrative Appeals Tribunal (‘AAT’) for the refusal of a (subclass 820) partner visa. The Department of Immigration and Border Protection (‘DIBP’) was not satisfied that sufficient evidence demonstrating compelling reasons existed pursuant to the Migration Regulations 1994 (Cth) (“the Migration Regulations”) to waive the Schedule 3 Criteria to which the Review Applicant is subject to.

The client had entered into Australia on a student visa. Whilst in Australia, the client lodged an application for a Protection (Class XA) visa. This application was refused at the DIBP level, the AAT level and had been refused by the Minister at the Ministerial Intervention level. The client therefore had to overcome her lengthy immigration history in Australia and evidence compelling circumstances in order to waive Schedule 3. As the client had a newborn child with her Australian Citizen husband, the Merits Review stream were able to evidence the significant hardship that would be caused on the Sponsor if he would be forced to separate from his newborn child.

The AAT member was compelled by the strong arguments that were established by the lawyers at Immigration Solutions Lawyers and made a decision in the client’s favour only one (1) day after the hearing. Schedule 3 is a complex hurdle that should be handled by experienced lawyers like the team at Immigration Solutions Lawyers. The team at Immigration Solutions Lawyers are very invested in their cases and ensure that all matters that come up before the AAT are presented in the strongest possible light.

———— by ISL(Immigration Solution Lawyers)


*此案例申诉由Immigration Solution Lawyers 完成

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