Partner Visa – Separation and Incompatible Occupation to Marriage


Our client L. Yin and her partner sought our assistance in this case to overcome a Partner visa refusal from the Department of Immigration and Border Protection. Our client’s partner had participated in a drug rehabilitation program and the couple was unable to live together for a period of time as a result. Due to this, the Department was not satisfied that the couple possessed a genuine and mutual commitment to a shared life as husband and wife. To further complicate the matter, our client was located by the Department working in an occupation that would ordinarily be incompatible with marriage.

We applied for a review of the decision at the Migration Review Tribunal (MRT). Despite the range of difficulties, we presented detailed evidence to explain the full and genuine nature of the couple’s relationship. We also presented evidence to show that while the couple had not been living together due to the husband’s rehabilitation program, they maintained frequent contact through letters, telephone calls and occasional visits.

The MRT was satisfied that the relationship was genuine and remitted the application to the Department for reconsideration.

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