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  • Spouse visa: remarriage to first wife

  • Background

    Our client left his home country of India (leaving his family behind) due to religious persecution. After remarrying an Australian and gaining permanent residency, he divorced.  He then wanted his first wife in India and their four children to come to Australia under a spouse visa. Immigration took the view that our client was not a credible witness, and rejected the application.

    Our involvement

    We appealed against this decision to refuse the visa. Carefully preparing our client’s case, we effectively provided the “vital missing evidence” that was critical to the success of our client (arguing a strong public interest criteria). Because of this, the Tribunal found that the current marriage of our client and his wife in India was a genuine and continuing one. It ruled that our client’s wife met the criteria for a spouse visa. The family were then eligible able to be reunited in Australia.