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Discussion Starter · #1 ·
Hi all,

Long time looker, first time poster.

My wife and I have been married for 2 years. We applied for her subclass 309 temporary partner visa in late 2016 and subsequently got refused in mid 2017.

We applied for an AAT review immediately after and are still waiting for a hearing.

What else are others experiencing and how long is it taking the department to process cases after they have been remitted?

Also, has anyone had any luck in having their case review without a hearing?

Best wishes to you all!
 

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Average waiting time is 483 days:How long will the process take? | Administrative Appeals Tribunal

If the application is remitted,it goes back to the processing centre for further processing. There is no guarantee that a remitted application will actually be granted, as all requirements, including health and character, must be met. This could take weeks or months.
 

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I applied for an appeal in July 2017 and am still waiting to be assigned a caseworker, etc. I was initially told it could take up to a year—my most recent feedback was that it could take up to two years. Apparently their caseload is backed up from March 2016.
 

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Delegates do not always list all the reasons for which they could have refused a visa, only the reason/s relied upon. It is good practice to obtain the full file to check what might be lurking in the paperwork.
 

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Discussion Starter · #6 ·
Hi all and thanks for all your input. Does anyone else have any other updates?

We are coming up to that 2 year mark since applying soon (soon in terms of how long we’ve waited thus far 🤦‍♂️) so hopefully we’ll get some good news soon.

I’ve got a registered MA with a pretty good track record on Partner visa reviews at the AAT helping me with the review so I’m optimistic but nonetheless cautious.

Last update from the tribunal was that the oldest cases they’ve got from this particular review type were dated back to the end of February 2017.

Not sure if its just me that sees things this way, but have the amount of visa refusals in general skyrocketed or what?! Hence also the unprecedented amount of active cases at the tribunal awaiting review...
 

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Hi All ,
It's a short history of my similar situation:

My application was refused in Jan 2016 for Skill worker Visa subclass 489 (family sponsored). immediately my sponsor (my brother) applied AAT and almost after 3 years in Nov 2018 I attended hearing. Hearing was with phone. After almost 3 months I got a good news that I won AAT and they satisfied that there is no problem in my application. now I'm waiting for DIBP ask further documents.
 

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Discussion Starter · #8 ·
Update. We’ve be allocated a tribunal member (finally!). It’s a step in the right direction, but does anyone know how long it generally takes (or how long its taken for you personally) for any action to take place now that we know who we’re dealing with? Any info would be much appreciated!
 

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Update. We've be allocated a tribunal member (finally!). It's a step in the right direction, but does anyone know how long it generally takes (or how long its taken for you personally) for any action to take place now that we know who we're dealing with? Any infor would be much appreciated!
Why did they reject ?
 

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Discussion Starter · #11 ·
Apparently we’re not in a genuine relationship. News to both of us. I’m not sure we can be in more of a genuine relationship if that’s possible!
 

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You weren't refused for not being in a genuine relationship. You were refused for not providing sufficient evidence to satisfy the delgate.
 

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Discussion Starter · #13 ·
You weren't refused for not being in a genuine relationship. You were refused for not providing sufficient evidence to satisfy the delgate.
. Unfortunately not all delegates seem to following the same "rules" when it comes to being satisfied. Yes this is enshrined in the law, but the way the law is executed is another story. But nonetheless I do appreciate your input 😊
 

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Discussion Starter · #14 ·
Update! Have been invited for a hearing towards the end of this month (FINALLY)!! Any tips out there for the hearing? We will be attending with our migration agent too
 

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Discussion Starter · #15 ·
Hi all.

Just a quick update 😊 The AAT review hearing is done and dusted. The tribunal member made an oral decision at the hearing and remitted the application back to the department with direction that we satisfy the clauses outlined in the decision record. Also received the decision record of the hearing today stating that it has officially been remitted.

I know this still isn’t 100% a done deal, but it is definitely a step in the right direction and we’re so happy about the outcome.

Generally, how long are most cases taking now to be processed after being remitted? I know that all cases are different and many things come in to play when considering this, but If someone could maybe provide their personal experiences it’d be much appreciated 😊
 

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Discussion Starter · #16 ·
Hi all 🙂

Hoping someone could tell us their experiences in relation to the above posts?

Many thanks!!
 

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I am glad it went well!!

Hi all.

Just a quick update 😊 The AAT review hearing is done and dusted. The tribunal member made an oral decision at the hearing and remitted the application back to the department with direction that we satisfy the clauses outlined in the decision record. Also received the decision record of the hearing today stating that it has officially been remitted.

I know this still isn't 100% a done deal, but it is definitely a step in the right direction and we're so happy about the outcome.

Generally, how long are most cases taking now to be processed after being remitted? I know that all cases are different and many things come in to play when considering this, but If someone could maybe provide their personal experiences it'd be much appreciated 😊
 

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Hi there, I am waiting in a similar situation, had my Partner 300 case remitted back to immigration in early July, CO asked fore more docs in end of July, submitted the documents on 6th August, now its the waiting game.....
 

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Hi mate,
Would you mind telling what sort of docs did the case officer ask you to provide?

Hi there, I am waiting in a similar situation, had my Partner 300 case remitted back to immigration in early July, CO asked fore more docs in end of July, submitted the documents on 6th August, now its the waiting game.....
 

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Hi all,
I applied 309 visa 2019 June 28
Refused visa may and 2020
I applied review AAT 18 July 2020,
Still waiting allocate member for see file ,
Visa refused reason,
(a) the financial aspects of the relationship;
(b) the nature of the household;
(c) the social aspects of the relationship; and
(d) the nature of the persons' commitment to each other.
 
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