Strategy for obtaining PIC 4020 Waiver for Australia Partner Visa

Strategy for obtaining PIC 4020 Waiver for Australia Partner Visa

If you are seeking the Australia Partner Visa you might confront with PIC 4020 issues. Then you must stress on the close bond of the emotional support between the applicant and the sponsor. It will be helpful to rely on this as a compelling circumstance or compassionate grounds.

Federal Circuit Court Judge Manousaridis delivered a decision that could prove as the guiding strategy for many applicants of Australia Partner Visa facing PIC 4020 issues. It was in the case Immigration Minister and Anor vs. Singh (2017) 12 October 2017 FCCA 2461. The context was applicant was facing PIC 4020 issues for the Australia Partner Visa owing to have earlier applied for Subclass 485 visa.

Judge Manousaridis outlined the appropriate approach in instances of PIC 4020 cases. He said that decision maker must assess whether Australian citizen/PR holder suffers distress due to separation from partner or spouse. Then it must be assessed whether the grant of the visa is justified by the degree of distress or suffering, added the Judge.

Federal Circuit Court Judge said that emotional attachment amongst parties in a relationship is in fact highly relevant. It is hard to imagine a situation in a genuine relationship where separation does not cause immense suffering to the sponsor. This is in the case of visa refusal to the applicant being sponsored by the partner, as quoted by the Migrationalliance.

In every instance wherein features of true relationship are present, these bonds form the compelling and compassionate circumstance for waiver of PIC 4020. Thus this decision is a very strong strategy for obtaining PIC 4020 waiver in cases involving Australia Partner Visa applications.

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Anshul Singhal

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