MRT hearing partner visa

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MRT hearing partner visa


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Old 04-08-2016, 11:42 PM
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MRT hearing partner visa

Hello everyone hope you all guys know about the new change made on March 12 2016 regarding people who applied for partner visa onshore when they are unlawful,but there is good news the law has been changed and they loosen a bit.I had hearing on 30th may 2016,just wondering if anyone attended for hearing recently.

Here is the attachment

http://www.iscah.com/free-newsletter/

Great news for Partner applicants who applied as unlawful (without a substantive visa)...
Schedule 3 waiver policy overturned
The judgement in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 (11 March
2016) handed down on Friday has overturned the Department's interpretation and enforcement of the
Schedule 3 policy and the provision of waivers for partner applications.
Many DIBP ocers have been taking a hard line in these cases, particularly where the applicant has
been unlawful, refusing waivers of Schedule 3 and forcing applicants to go oshore to make their
applications.
The current policy has been interpreted as limiting the circumstances that can be taken into account
when considering a waiver to have occurred before the application was made.
This judgement adopted the precedent of the High Court decision in Berenguel in nding that the
Minister's discretion to waive the Schedule 3 requirements is not limited to circumstances before the
application was made, but rather '... if and when compelling circumstances arise'.
The judgement states that ... the introduction of a waiver provision recognises the hardship that can
result if an unlawful non-citizen wishing to remain in Australia on spouse grounds is obliged to leave
Australia and apply from overseas' and there is '... no reason to limit the circumstances, whether they
favour the visa applicant or not, to the position at a time before, and often substantially before, the
Minister considers the exercise of that discretion'.
As with Berenguel, this judgement will have far reaching eects and go some way to alleviate the
hardship that has been borne since the current policy interpretation was adopted.
(Source: MIA)


Last edited by 29pras; 04-08-2016 at 11:45 PM.

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Old 04-09-2016, 06:08 AM
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The new judgement changes the time frame of when compelling reasons have occurred that could result in a waiver of Schedule 3. Prior to this judgement there had to be compelling reasons at the time of application. This judgement has said the compelling reasons for providing a waiver to schedule 3 can occur after the time of application. The AAT will now look at the reasons for providing a waiver of Schedule 3 up until the day of the hearing and beyond that date to the day of their decision.

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Old 04-20-2016, 12:43 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
The new judgement changes the time frame of when compelling reasons have occurred that could result in a waiver of Schedule 3. Prior to this judgement there had to be compelling reasons at the time of application. This judgement has said the compelling reasons for providing a waiver to schedule 3 can occur after the time of application. The AAT will now look at the reasons for providing a waiver of Schedule 3 up until the day of the hearing and beyond that date to the day of their decision.
http://www.austlii.edu.au/au/cases/c...C/2016/32.html


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