The first thing I teach people entering the legal profession is I R A C. Not to be confused with the country in the middle east, it is an acronym for Issue Rule Application Conclusion. This approach to analysis gives a framework for considering all aspects of a matter, identifying and applying the law and concluding the matter to a successful outcome. A great example of this is assessing a partner visa application.

Issue – are the couple married or living in a de facto relationship.

Rule – married = marriage recognised under Australian law. ; de facto = living together for 12 months sharing a mutual commitment for life to the exclusion of all others unless the relationship is registered or compelling and compassionate circumstances exist

Application – Let us say a couple come to us who are living together for 3 months. They are not married, have not lived together for 12 months and therefore cannot meet the ‘time of application rule’ to succeed unless they either register the relationship or establish compelling circumstances. Accordingly, we would tell them to register the relationship before lodging. The effect of this at law is to set aside the 12- month living together rule and the couple must then only establish only that the relationship is a genuine de facto relationship at the date of visa application, and gives us the full period of processing to compile evidence and establish the genuine and ongoing nature of the relationship to the case officer. If they are unable to register, for example due to still being married to another person, then we would suggest they lodge, register during processing once divorced or otherwise use the processing period to see if compelling and compassionate circumstances exist at the time they apply or develop during processing.

The point being that identifying the issues, allows us to consider the applicable law (rule) and then apply this to the circumstances of the couples relationship and life together to give the partner visa application its best chance of success, or if unable to succeed at first instance, when and how the partner visa application can win on appeal.

Get an application right at the first instance is critical to success and to setting up a successful appeal if this turns out necessary due to the circumstances of the visa applicant, visa expiry, previous refusals or cancellations or other reasons that may see us advise that an appeal to the Administrative Appeals Tribunal may be necessary

Australian visa applications of all types are complex matters with extensive legal and policy requirements to be met for a successful outcome. It is our professionalism, skills and experience that sets us apart form other agents and legal practitioners so if you are seeking advice on any Australian visa application then give us a call at Turner Coulson on +61 (0)2 9222 1545 for a preliminary chat at no cost to you and then if we think we can help, and you want us to, we can look to make a consultation to give full and proper advice.