309/100 Partner Visa Grant: Overcoming Unknown Visa Cancellation History and Avoiding PIC 4020 Refusal
Case Summary
Background:
Our client faced a significant challenge during their subclass 309/100 Partner visa application: they were unaware of a previous visa cancellation in their history. This undisclosed information was identified by the Department, posing a critical risk of refusal under Public Interest Criterion 4020 (PIC 4020) for providing false or misleading information. A breach of PIC 4020 can result not only in the refusal of the current application but also a three-year exclusion bar from being granted any Australian visa.
Taking Over the Case:
Upon taking over the case, we implemented a systematic and cautious response strategy:
Immediate Risk Assessment and Client Communication: We first clearly explained to the client the seriousness of the discovered visa cancellation history and the potential implications of PIC 4020, ensuring they fully understood the urgency of the situation.
Strategic Response and Explanation: We assisted the client in preparing a detailed statutory declaration, honestly stating their lack of prior knowledge regarding the visa cancellation and affirming that there was no intention to provide false or misleading information to the Department. We emphasized this was an unintentional omission and provided supporting contextual evidence.
Proactive Strengthening of Relationship Evidence: While addressing the Department’s concerns, we further fortified the evidence for the genuineness of the relationship, submitting additional proof to comprehensively demonstrate that the relationship was both genuine and continuing.
Preparation of Legal Arguments: We prepared thorough legal submissions arguing that PIC 4020 should not be invoked as there was no deliberate intent to provide false information, and compelling circumstances existed.
Successful Outcome:
Through our professional intervention and the client’s full cooperation, the Department accepted our explanations and did not invoke PIC 4020. Consequently, the client’s subclass 309 temporary partner visa and subclass 100 permanent partner visa were granted simultaneously on February 1, 2023. The process from our taking over the case and submitting the crucial explanations to the final grant took approximately four months.
This case demonstrates our capacity to manage complex and urgent visa situations. By providing precise legal strategy and thorough preparation at a critical juncture, we successfully averted a potential refusal crisis and ensured family reunion.
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