Partner visa Refusal on not meeting Character requirement

Partner Visa Refusal

Indian Man with 11 traffic convictions has been refused Partner Visa based on his character assessment.

Khushwant Singh Baath had arrived in Australia on a Student visa in January 2007, and in 2010 his student visa was cancelled, as there was no progress in his studies.

He was living in Australia as an unlawful citizen until January 2015.

During his stay in Australia, he has several traffic offences and 11 court convictions for drink driving, driving without a license and so on. He has also received two restraining orders against him during this period.

He is now married to an Australian Citizen with a four-month-old daughter. In April last year, the Department of Home Affairs refused the partner visa application based on the character requirement.

Mrs Baath appeal at AAT states that her husband is a “ changed man” and now he has stopped consuming alcohol, and he is currently undergoing the counselling.

AAT Member Richard West stated that: even though Mt Baath has not shown any repeated and willful disregard: for drink driving laws in Australia, but there is no evidence that Mr Baath has changed sufficiently to avoid a repetition of his previous offending.

The AAT has also said about the risk involved in the daughters' life: “ it is possible that Mt Baath may drive under the influence of alcohol while his daughter is a passenger and can cause harm to his daughter directly.

In upholding the decision to refuse Mr Baath a partner visa, the Tribunal, last week, acknowledged that it would have a negative impact on his wife and daughters.

However, it said the “protection” and the “expectations of the Australian community” outweigh any other considerations and favour not granting him a visa.

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