If a couple were to come into your office and tell you that they were legally married, had a child together, and had the results of a DNA test confirming that the husband was the father of the child, and they could tell you in advance that the Administrative Appeals Tribunal (AAT) would accept that their relationship was genuine, would you think to yourself: “There should ultimately be excellent prospects of getting a partner visa approved for these clients?”
Well, perhaps you have heard of the famous song from the Gilbert and Sullivan operetta “HMS Pinafore” called: “Things Are Seldom What They Seem”! A recent decision from the AAT, 1409924 (Migration) (2015) AATA 3088 (15 July 2015) provides an illustration (surely in the realm of migration law, but also commonly in daily experience) just how accurate the title of this song really is. Or to put it another way, as RMAs know, “Life can be full of surprises”!
On the surface of things, the story of this couple’s relationship, while not without its complications, seemed straightforward enough. And, as mentioned at the beginning of this article, even if the evidence wasn’t sufficient to satisfy the Department about the genuineness of the relationship, it was strong enough to convince the Tribunal member. The true problem was lurking at a deeper level – the dreaded “Schedule 3”!!!!!
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