Successful Unlawful/Section 61 Case 34

This client's partnership-based resident visa was represented by another lawyer. Due to some discrepancies, her case officer kept asking for more information and documents until the lawyer advised the client to find someone else to handle her case.

Her partner found our website and read about Simon, our CEO. He also went to Linkedin to check his profile. After doing his research, he organized a paid consultation. After the consultation, Simon advised him on what can be done with the given situation. It was almost the end of the assessment, and he felt that the case officer had almost decided to decline the case.

However, the client and her partner insisted on engaging with us as her previous lawyer told them she can not handle the case.

Despite the best effort, the case was declined, which they were already advised before the engagement. However, this allowed them to appeal to the Immigration & Protection Tribunal. Simon prepared the appeal and submitted it at the end of last year. The appeal was successful and returned to INZ for re-assessment.

While all these were happening, the client and her partner got infected with Covid-19, and during the quarantine period, her work visa expired. She did not record the expiry date of her work visa as it was previously extended by INZ automatically.

They only discovered that it was expired when Simon asked her to check the expiry date. When she did, she found out her visa had indeed expired the week prior.

Simon engaged with her to apply for Section 61 to ensure she stays lawful while her resident visa application is being processed.

With urgency, her section 61 request was submitted and it was approved. Now she is waiting for her resident visa application to be processed.

Note: When the Covid-19 pandemic hit, many businesses were forced to reevaluate the way they operated. For us, this meant shifting to a completely remote working model. Although this was initially difficult to adjust to, we quickly found it more efficient and practical to communicate with our clients online with our advanced IT system. So even when the restrictions were lifted, our firm decided to continue with the no face-to-face meeting policy, which saves time and money while still providing clients with high-quality service. 

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