[poppy0823]

Hi all,

I have a critical issue about my husband's visa.
His visa timeline:

- June 2008, Student visa granted
- Oct 2010, Student visa cancelled, then unlawful stay in Australia. We started de faco since July 2012, we married July 2015.
- Aug 2016, My husband applied for 820.
- June 2017, Visa 820 refused.
- July 2017, Applied for AAT tribunal review.
- Sep 2017, He left Australia, then lodged Visa 309.

The critical issue is after my husband left Australia, we asked our migration agent (Lawyer) to withdraw the AAT application, and I've been told they have informed AAT to withdraw. After one week my husband lodged his 309 visa. At that time, I just want to double check whether the application withdrawn, but our agent didn't get back to me. So I called AAT and was advised there was no one to write to withdraw.

My question is since the AAT application isn't withdrawn, is there any negative impact on my husband's 309 application?

I asked Department of Migration and AAT, they both let me ask my agent. But I cannot trust my agent's professional now. Last year, before my husband lodged 820, the agent told us the Schedule 3 can be waived as we have long-term relationship. So my husband decided to stay in Australia to apply, which wastes almost one year and application fee and the legal costs. After my husband's 820 was refused, the agent suggested us to apply for AAT tribunal review and told us there would be high possibility to win. But we asked someone was in the same situation like us, the AAT was refused as well. So we decided to apply for 309 offshore.

Now I'm so worried about this will has conflicts with new application. Has anyone know about this?

With many thanks!

 

[ampk]

Long term relationship is not grounds to waiver Schedule 3, so I guess the AAT win very unlikely.

It will not hurt having the 309 application and the AAT hearing still pending. I don't understand how you can not withdraw the appeal at the AAT, I would expect your husband has the right to cancel the "lawyer" and inform the AAT of his wish to cancel the appeal.

 

[poppy0823]

Thank you for your replying so fast, ampk.

My husband already emailed AAT to withdraw the application once we heard the lawyer didn't from AAT. Now AAT advised us once they confirmed withdraw, they will inform the Migration Department, and the Migration Department will get back to us. Hope this is not an overlapped application.

Long term relationship is not grounds to waiver Schedule 3, so I guess the AAT win very unlikely.

It will not hurt having the 309 application and the AAT hearing still pending. I don't understand how you can not withdraw the appeal at the AAT, I would expect your husband has the right to cancel the "lawyer" and inform the AAT of his wish to cancel the appeal.

 

[ampk]

I am sure it is not an issue. The 820 has been refused it is not likely you will get a favourable decision at the AAT, so it will remain refused. If by some magical reason it was successful at AAT you would have both the 820 and 309 being processed.

If one is granted, the other if refused wont cancel the granted one. But if the second is also granted it will supersede the first grant.