Dakshkurnar Patel MARN: 2000001 The Presiding Member Administrative Appeals Tribunal (the AAT) Level 6, 83 Clarence Street Sydney NSW 2000 Respected Member, Sub: Submission in response to s359A letter for AAT case no 1908111 1. This is a response to the 5359A letter from the AAT dated 28 April 2020. This letter has been written on behalf of my clients who's been refused to grant a Partner (Class UK) (Subclass 820) Visa by the Department of Home Affairs. The details are as per follows: Primary visa applicant: Mr Boris Johnston (DOB: 01/08/1988) Sponsor's details: Ms Nellie Melba (DOB: 1218911989) File Number: BJNM1234567 Decision by DHA 2. Delegate from DHA refused the Visa application on the grounds that the relationship is not a genuine and continuing relationship and, and the applicant was not meeting schedule 3 criteria at the time of application and thus applicant did not meet the criteria of paragraph 5CB(2)(b) of the Migration Act 1958. The decision was made on 2 August 2019. AAT Review 3. The application to review the decision of DHA was filed on 10 August 2019 with the AAT MRT division and the case number for the application is 1908111. 5359A Letter 4. A 5359A letter sent out by AAT on 28 April 2020 regarding the Partner Visa application submitted by my clients. AAT stated that when the application was submitted on 30 March 2019, the relationship of my clients was short and what were the compelling issues to waive the schedule 3 requirements as the applicant was not meeting the schedule 3 requirements at the time of application. Legislation 5. Sch 2 criteria of Migration Regulation 1994 for the Partner (Subclass 820) Visa needs to be satisfied by the primary applicant. 6. The applicant requires to be a de facto partner or spouse of an Australian Citizen, permanent resident, or eligible New Zealand Citizen, which is outlined in paragraph 320.211 (2)(a)