Australasian Immigration Services Pty Ltd

Some Married Partner visa applications are complicated. We recently obtained Permanent Residence for a lady who was unlawful in Australia for 27 years!

Incredible that someone can be illegal for 27 years and not be removed from Australia. The good news is that not only could we get her to stay, but our application and argument for her to have Permanent Residence was approved.

Recent good news for a family client with small 3 year old child. Both parents had PR in Australia, but their child was adopted overseas. Immigration department refused the child a visa on the basis that the adoption process was not recognised under Australian or International law. Her visa was refused so they then came to see me to see what we could do.

We lodged an appeal for them. We presented arguments that customary adoption in their home country was lawful recognition of the adoption, and that the child and parents should be allowed to live together in Australia. The argument was accepted under appeal, the little child’s visa granted, and the family now live happily together in Australia.

Family Violence Claims:

The Federal Circuit Court recently held that a sponsor’s threats to have their partner deported amounted to Family Violence behaviour and were grounds for a positive finding on the grant of a permanent visa to the applicant.

“the threat by a sponsor to have the holder of a subclass 820 visa deported to his or her country of origin in circumstances where the holder is afraid or otherwise unwilling of returning to his or her own country of origin, and the sponsor is aware of the holder’s fear or unwillingness to return to his or her own country of origin, is capable by itself of constituting “relevant domestic violence” as that expression is defined in reg.1.23(2)(b) of the Regulation.” Karsten v Minister for Immigration & Anor [2019] FCCA 1560 (13 June 2019)

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