Relevantly to the grant of all Partner Visa applications, the Department of Home Affairs (DHA) requires very extensive evidence to verify the ‘genuineness’ of a relationship.
This includes wide-ranging evidence of the financial and social aspects of the relationship, the nature of the visa applicant’s and sponsor’s household, and their ongoing commitment to each other, as set out in Migration Regulations.
If an applicant fails to provide adequate information in support of the relationship, the Delegate can refuse to grant the partner visa.
An Applicant has the right to apply to the Administrative Appeals Tribunal (AAT) for a review of the visa refusal decision
Legal Migration Services have assisted many clients over the years in winning appeals at the Tribunal.
There is a two stage process for Partner visas. An applicant must first hold a provisional visa, enabling them to remain in Australia temporarily.
Relevantly to the grant of a permanent partner visa application, the decision maker must be satisfied at the time of decision that the relationship has continued and the applicant continues to be sponsored by the ‘sponsoring partner’ who must be an Australian Citizen or Australian Permanent Resident.
Additionally, at least two (2) years have passed since the temporary visa application (subclass 820) was made.