The Full Federal Court has upheld an interpretation of the law that this firm has argued for some time concerning partner visa applications lodged onshore by people who do not hold a substantive visa at the time of lodgment. Counsel Teresa Baw was assisted by Parish Patience Special Counsel Michael Jones as instructed by Managing Partner David Bitel argued the case successfully. The Regulations allow for such applications to be considered if the Minister is satisfied that there are "compelling reasons" to do so. The approach taken by the Department and the Tribunal has been that the only compelling reasons that could be taken into account were those arising from circumstances in existence at the time of application. For some time Parish Patience has argued that the law requires the decision maker to take into account circumstances coming into existence at a later time, which given the lengthy processing times for partner visa application and appeals could be several years after the application is lodged. In the case of Waensila v Minister for Immigration, all three Federal Court Justices making up the Full Bench agreed.
The decision can be read in full at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2016/32.html