Richard Black is lodging an appeal to the Migration Review Tribunal after his wife was refused an Australian partner visa.
18 July 2011
Couple lodge appeal over Australian partner visa refusal
Richard Black, a solicitor in Sydney, is lodging an appeal to the Australian Migration Review Tribunal after his wife, Maryna Yemchuk, was refused an Australian partner visa despite the couple having been married for more than four years.
Ms Yemchuk has been forced to return to the Ukraine due to the Department of Immigration and Citizenship (DIAC) determining that, despite being married, the couple had not demonstrated that they were in a genuine, exclusive and ongoing relationship, which is one of the requirements of the Australian partner visa.
Their Australian visa application was rejected in April 2010, at which point the couple have now applied to the Migration Review Tribunal to ask that the decision be overturned, at which point Ms Yemchuk could be granted a three-month bridging visa.
However, due to her parents facing health issues, Mr Black said that Ms Yemchuk "stayed past the bridging visa expiry date so she couldn't travel back." She was subsequently denied an Australian tourist visa to return to the country.
Mr Black said his wife's tourist visa applications automatically fail because the ongoing tribunal review indicates she wants to stay in Australia permanently. "It's catch-22," he said.
"We are locked in DIAC's regulation cul-de-sac with no hope of being reunited."
The Australian Visa Bureau is an independent consulting company specialising in helping people lodge their application with the Australian High Commission.