Large Numbers of Partner Visa Refusals are Being Upheld on Appeal
Currently 40% of the migration cases before the Administrative Appeals Tribunal (‘AAT’) for review are for Partner Visa applications. That translates to 4,270 Partner Visa decisions currently being appealed! In addition, 46% of all decisions made by the AAT are being affirmed (i.e. the original decision is upheld) including 48% of Partner Visa decisions. These figures indicate that many people are falling short of the mark in preparing their Partner Visa applications, both at the initial stage and on appeal, and as a result are ruining their chances to live in Australia with their partner.
It has been suggested by human rights campaigner Robyn Oyeniyi that the high figures of Partner Visa applications going to the AAT is a result of people trying to prepare their applications without professional help, and that they are not preparing them to a sufficient standard for them to be approved. She has suggested that people’s reluctance to seek professional guidance when preparing applications may be due the exorbitant fee already payable to the Department of Immigration and Boarder Protection for Partner Visa applications which is currently $6,865.00 and may increase in the future.
The median amount of time the AAT takes to make a decision on a case before them for review is 376 days. This means that applicants are being left in limbo for over a year after their initial refusal (which may have already taken 12-15 months or longer for the initial decision to have been made). Although the AAT is deciding approximately 1,000 cases per month, when you compare it to the fact that approximately 1,165 new cases are being lodged per month, it will be no surprise if time frames taken to make a decision will continue to blow out.
Save yourself the prolonged stress and uncertainty of waiting for the AAT make a decision on your Partner Visa application following a refusal. Get it right the first time! Contact one of our experienced migration lawyers today for a professionally prepared Partner Visa application.