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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I applied partner visa with my ex Australian citizen

Customer Question

I applied for a partner visa with my ex Australian citizen partner. After a year I got out the relationship due to the abuse, I then applied for RP based on the FV provision.
After a year and half, I got rejected by DIBP. After I appealed to AAT. After 2 and half years I just received a negative outcome from them. I need to decide the next move quickly.
1 FV based on non-judicial evidence (3 competent person stat dec)
2 Issues with the IE at both DIBP and AAT level
(DIBP: Make oriented consultation, consultations cut from twice to once)
(AAT: Conflict of interest with DIBP IE, Non compliant report according to the Guideline, Inaccuracies on report etc)
2 issues with AAT
(Denial of access to IE consultation recordings, Denial of time requested to prepare a proper assessment/submission, Lengthy process etc)
3 Genuine defacto relationship with a new partner
(Been with an Australian citizen partner for 2.5 years. Relationship is registered under QLD relationship registry. Have lived together for 2 years. Have own a dog and a cat together)
4 S48 bar
(As I was refused a Partner visa I am banned from making another partner visa onshore)
This is a very brief summery of my case.
It has been some 4 years since I left the last relationship. After AAT refusal I have to move quickly as the visa is expiring in mid April.
Grounds I believe I could go to FC:
1 I have four reports by my own expert (psychologists and social worker)
2 Biased IE assessment and reports
3 Denial of procedural fairness
1 Please tell me pros and cons on Federal Court and Ministerial Intervention.
2 I have full work rights on my current BVB. If I make an appeal to either above, what will my BVE have in regards ***** ***** rights.
3 What would be the best argument I could put on both FC and MI?
Another lawyer recommended I go with IM because he could put an argument on unfair-minded assessment by DIBP and AAT, Own experts reports, AAT accepted I am a credible witness, A tie with the current Australian partner who I have been put on hold to move our lives together forward with.
I need a 2nd Opinion urgently thank you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Your next step is to take it to court and have them decide.

Ministerial Intervention should be after all legal avenues are exhausted.

I am not sue what you mean by IM?

Any lawyer you have should be a Migration expert not any lawyer. It is a tricky area.

Any appeal has to be on an error in law that the AAT has made a mistake in law and look at past decisions similar to yours and show that you should be treated the same as the others.

I would take it to court not the minister at this time.

You should contact the law society of QLD and get a referral to a solicitor that practices in Migration Law.

They have to look at all the decisions and your application and also the Police files of the abuse.

The law society website is as follows:

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
Hi thank you for the response.Are you able to tell me abit more details on both Court option and Intervention option?
Sorry I meant to say MI - Ministerial Intervention.I know both will be very hard but on the cost side MI would be much better. With FC if I loose I would be paying for the Immigration solicitor too.Thank you
Expert:  Leon replied 1 year ago.

Good Morning

In court you will argue the errors made in the AAT and the court will look at the law and decisions and decide if there is an error and if they find an error then you will be allowed to stay.

If this fails then you can look at MI.

MI he looks at the decision but can also take into account non legal issues pertaining to your particular circumstances.

But the court will look at the previous decisions and decide on the issues of law.

Even with MI you should pay a lawyer to assist you.

I hope this all makes sense?

Customer: replied 1 year ago.
Hi yes it makes sense.I however was told to go with a good lawyer to the court I might be quated for 6k - 10k which is really difficult for me.
I think with the MI the lawyer still assists me but with the initial letter to the Minister and I understand this needs to be very very carefully written.I think I might have a ok success possibility to got to FC, but the fee and the risk I might be charged for their solicitor when loosing. Also I hear procedural unfairness and natural justice is really hard to prove in a court. The argument on my claim of FV was all "if I was reasonably fearful of my safety and well-being". I have no actual police records or court order against the ex. It was all emotional/verbal/social abuse and I understand this case will be my words against the Expert report.