Partner visa for man who was married to someone else and had provided incorrect information to the Department
Today, we received confirmation from the Department that, subject to a medical clearance and police checks, an African man from Sierra Leone would be granted a partner visa sponsored by his Australian citizen partner.
The couple had come to us after they had lodged their application themselves. They were in trouble, the Department had sent them a s 57 natural justice letter asking them to explain certain irregularities in their partner visa application. The Department only sends s 57 natural justice letters when they are considering refusing your application.
The irregularities were that it appeared to the Department that the couple were invalidly married. This was because the applicant was previously married in Thailand and unable to produce a divorce certificate. There were also a number of incorrect answers given in the application form which needed to be corrected. If the Department considered that the couple had provided false and misleading information it could refuse their application and ban them from re-applying for any visa for 3 years. The stakes were already high when the couple decided to engage us.
It appeared to us that, irrespective of the validity of their marriage, the couple met the de facto requirements for the grant of the visa. They had been in a relationship for 2.5 years prior to their application, they had met up several times (including in Sierra Leone), were in daily contact and had sent each other money on a regular basis. They had also invested in property in Sierra Leone and had a clear plan for their future together.
We read all the material carefully and took comprehensive statements from both the applicant and the sponsor. We identified and explained all the incorrect information and made submissions to the Department on their behalf addressing all the legal issues. The Department ultimately must have accepted those submissions, including that the couple had no intention to mislead the Department, made honest mistakes and meet the de facto criteria for the grant of the visa.
This was a very finely balanced case and illustrative of the benefits of migration assistance. Making honest mistakes leaves you in peril of visa refusal and a 3 year ban; not every case will turn out like this where the Department will give you the benefit of the doubt. It is always preferable to get it right the first time, and that is exactly what we do at William Gerard Legal.