Sally had limited English skills when she came to Australia with her husband and her husband had been very controlling. He filled out her Partner visa application for her and included false information about her previous relationships. Sally had tried to understand what was in the forms and had been scared that he was lying.
But she did not have any control in the situation and her husband told her she was stupid when she tried to raise concerns. Sally was refused a Partner visa by the Department of Home Affairs because of the false information that her husband had provided.
Sally separated from her husband due to ongoing family violence perpetrated against her and two-year-old Australian daughter. Her husband began Family Law proceedings to get custody of their daughter. Sally was terrified that she would have to return to her home country and would be separated from her daughter.
IARC represented Sally at the Administrative Appeals Tribunal and argued that there were compelling and compassionate circumstances in Sally’s case given the family violence she had experienced and the control her husband exerted over her. The Tribunal agreed and set aside the decision. Sally has since been granted a permanent visa and is able to remain in Australia with her young daughter.