15/03/2022
Tears of Joy today with the grant of our client's Subclass 100 Permanent Visas.
While every visa grant is special, some have a story behind them that highlights how tough the journey to Australia can be. This is one such story and it needs to be told because it is a story of enormous strength and absolute determination of the sponsor to fight for her family.
This story begins seven years ago with the lodgement of a Subclass 309. Within a year, this application is refused for the 1st time. By her own determination, the sponsor appeals this decision and mounts a successful defence at the Administrative Appeals Tribunal and the application is remitted back to the Department for reconsideration according to law.
However, in late 2018, the application is again refused but this time on PIC 4020 grounds – the brutality of this piece of awful prejudicial and grossly unfair legislation is fully evident by the as applied to this visa application. The sponsor again lodges an appeal.
Seeing the seriousness of PIC4020 – the sledge hammer - the sponsor sought legal advice. In November 2020 with notice of the hearing having already been issued and having lost confidence in the law firm representing her, the sponsor was referred to us by a community member and sought a further opinion. With the AAT Hearing fast approaching we sat down with her to understand the full circumstances and to determine what was the best approach.
Subsequently, we took on the AAT Appeal and immediately set about preparing our submission. In late January 2021 we along with our clients we attended the hearing where the client expressed herself with honestly and clarity that underpinned a successful outcome. Early February 2021 we get the news we all wanted - a positive decision and the application was again remitted to the Department for further determination.
This signalled stage two of our process which commenced with us immediately contacting the offshore Mission processing this application and provided them with a copy of the decision and our first request for priority processing is made.
This began a near 14-month campaign to get to today’s positive decision. It required constant emailing, further submissions, persistence and finally escalation to the highest level within that Mission to get to today’s outcome.
As a journey, we thank our clients for there trust in us and as the Director of Modern Migration, I want to say how very proud I am of our dedicated team of hardworking and intelligent professionals with whom none of this would have been possible.
Today now becomes day one of a new journey and future together for our clients as a family. We wish them every success for the future ahead.