A Story of Redemption, Family Unity and Legal Advocacy
At Brightstone Legal, we believe in second chances and in fighting for our clients when the stakes are at their highest. Recently, our team had the privilege of assisting a couple in securing their permanent residency in Australia despite a serious threat of visa cancellation due to past character concerns.
Background: A Decade-Long Journey Toward a New Life in Australia
Our clients’ Australian journey began in 2013 on Working Holiday visas. Captivated by the country’s opportunities and culture, they remained lawfully in Australia through various visa pathways, including Student and Temporary Graduate visas. Over the course of 12 years, they built meaningful lives, developed professional skills and embraced Australia as their home.
In 2025, the primary applicant applied for a Skilled Independent (Subclass 189) visa, a pathway to permanent residency based on qualifications and experience. Her partner was included in the application as a secondary applicant – subject to meeting all health and character requirements.
The Legal Challenge: A Past Mistake Resurfaces
Unbeknownst to them at the time, an incident from 2019 would later cast a shadow over their application. The partner had been convicted of a minor drug possession offence and became the subject of an Apprehended Violence Order (AVO) arising from a personal dispute. Although he complied fully with court requirements and had no further legal issues, these matters triggered the Department of Home Affairs’ strict character test under the Migration Act.
In 2025, the Department issued a Notice of Intention to Consider Cancellation (NOICC) of his current visa – a devastating development that placed their future in Australia, and their family unit, at risk.
Our Strategy: Compassionate, Comprehensive Advocacy
When the couple engaged Brightstone Legal, we immediately recognised the complexity – and the human significance – of their situation. Our response focused on three key strategies:
1. Addressing the Character Concerns Directly
We prepared a detailed submission acknowledging the past conviction while presenting critical context. We explained that the offence involved cannabis possession, was not part of a pattern, and occurred more than five years ago. We provided evidence of rehabilitation, compliance with the AVO and community standing.
2. Emphasising Personal and Compassionate Circumstances
A major turning point in the couple’s life was the birth of their Australian-born child. We highlighted the serious consequences of visa cancellation on a young family, noting that the Department’s policy requires consideration of the impact on minor children.
3. Demonstrating Long-Term Integration in Australia
The Outcome: Permanent Residency Granted
After reviewing our submission, the Department decided not to cancel the partner’s visa. With this critical hurdle overcome, the couple’s 189 visa application proceeded to approval.
In July 2025, both applicants and their newborn were granted permanent residency. This marked the culmination of a 12-year journey – a triumph not only of legal strategy but of resilience, redemption and family unity.
Why This Case Matters
This case is a powerful reminder that character issues do not always lead to cancellation or refusal. With expert legal guidance, a strong evidence base, and a compassionate approach, even the most difficult cases can be resolved successfully.
At Brightstone Legal, we pride ourselves on our ability to navigate complex legal terrain with skill and empathy. We don’t just manage paperwork – we fight for our clients’ futures.
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Testimonial
Zeta
Wholeheartedly recommend
‘I recently went through an incredibly stressful period due to a visa refusal, and I cannot express enough how grateful I am for the support I received from Brightstone Migration, especially from Mei Guo. From the very beginning, Mei’s understanding of my situation was truly remarkable. She showed a level of empathy and professionalism that instantly put me at ease during such a difficult time. Mei’s knowledge and expertise were absolutely outstanding. Whenever I had questions or concerns, Mei was always quick to respond, offering not just answers but reassurance as well. Her communication throughout the entire process was amazing! Thanks to Mei and the team at Brightstone Migration, I am confident that I wouldn’t have had such a positive outcome if I had gone anywhere else. Her dedication to my case made all the difference, and I can wholeheartedly recommend her services to anyone needing immigration advice, especially those facing a potential visa refusal or cancellation. If you’re looking for an immigration lawyer who’s both knowledgeable and genuinely cares, Mei Guo is definitely the person to go to!’
