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Discussion Starter · #1 ·
I had an 820 application denied due to ex withdrawing sponsorship. She made several false allegations of domestic violence despite me being the one with medical letters and proof stating i was assaulted and suffered depression and suffering the violence. I have a child with my ex and financially support both. I appealed to MRT/AAT within the timeframe (provided bank statements, and proof i was trying to be his father despite my ex deliberately using avo and family court to separate me from my son, trying to get full custody and not requested maintenance so my mrt would fail later. And.. I tried voluntarily offering it) My bridging A continued for about 6 months. Then DIAC cancelled my bridging A because my ex sent them a screenshot of a mugshot website of an arrest (which didnt result in convictions in the usa.) The bridging A was cancelled under 116 character grounds stating pending charges when it was incorrect. I was picked up by immigration and sent to detention. I voluntary left Australia as my gf negotiate a flight out less then 2 weeks from the cancelation date of the bridging so no ban. As remaining in detention appealing would have forced my gf as a student to be homeless as im support her financially. I feel the immigration department was being biased and unfair and there is discrimination involved. NOW i am struggling to survive with basic needs seperated from her and my gf now (overseas student) has lost the house and is almost homeless in Australia. My current girlfriend is suffering extreme psychological harm crying spells losing weight.. Not eating.. from our seperated and struggling in uni as a result. Australian was torn apart our family with no regard and im trying desperately to find employment before im homeless myself to support her. How can i get help when i cannot afford a lawyer to deal with this? How is even justice? I didnt even get the notice of cancelation of the A. Immigration had my address and email and phone number. My gf even confirmed no registered post was sent to our home when immigration alleged it was. I can only assume my ex gf deliberately abused the department by paying a dodgy immigration agent. She had threatened me that her dad was rich and would make sure im deported when we broke up. Everyone i talk to says it makes no sense. Now i cant even attend MRT and i left (probably shouldn't have voluntarily) because it was the only way i can quickly get get employment since obviously i lost my job in Australia. Please anyone can you help? I can even prove i have no charges in usa and Australia and even giving police checks (from Nov 2015)DIAC ignored them. The only evidence my ex ever had was her own statements she wrote herself. And it seems unfair and unjust now i cant even attend my family court hearing and now my mrt. I had to leave Australia because DIaC refused to reissue bridging and i had to choose the leave to go find employment back home rather then sit in detention for months and months. What can i do to this corruption? Take to social media, the TV? How many more families and children are going to be abused by the system? Im a us citizen. There were more kiwis and british and white people then boats. All of them broken. May i note they are tripling the size of the detention centre in Brisbane as we speak. Please please help me. There are so many people in those detentions that are innocent have families, they are not criminals or boat people. Please somebody if u know what i can do please help.
 

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There are unfortunately many stories of people alleging domestic violence in order to become permanent residents (when relationships with sponsors break down), in order to gain custody, etc.

To refer to this as DIBP corruption is, in my opinion, incorrect. DIBP would base their decision based on the evidence provided and their assessment of the situation. To make your case, you would need the assistance of a good migration agent, but that doesn't mean you are guaranteed success.

I found your post rather difficult to follow. Are you now in a relationship with another Australian citizen? If so, your best option may be a partner visa (either de facto if you meet the criteria, or prospective marriage visa if marriage is an option).
 

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Discussion Starter · #3 ·
There are unfortunately many stories of people alleging domestic violence in order to become permanent residents (when relationships with sponsors break down), in order to gain custody, etc.

To refer to this as DIBP corruption is, in my opinion, incorrect. DIBP would base their decision based on the evidence provided and their assessment of the situation. To make your case, you would need the assistance of a good migration agent, but that doesn't mean you are guaranteed success.

I found your post rather difficult to follow. Are you now in a relationship with another Australian citizen? If so, your best option may be a partner visa (either de facto if you meet the criteria, or prospective marriage visa if marriage is an option).
She is not an aussie or pr. The reason i want to stay in Australia is because of my son. But i cant even now attend court. However since DIAC made a decision before reviewing the facts whick i can easily prove (on this forum if need be) . Even usa lawyers i have gotten advice from say Australia violated international law. I am willing to deal with the mrt but now is it fair i am unable to attend the legal family court proceedings which will determine the mrt decision because immigration cancels the bridging?
 

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You will need a good migration agent and a family lawyer too.

It is not the job of DIBP to make sure you can support your international student visa holder girlfriend. When your girlfriend applied for her student visa she demonstrated that she could look after herself only working no more than 40 hours per fortnight.

With child maintenance that is done based on how much you earn and is all done through Centrelink so Centrelink would have contacted you on how much you have to pay.
 

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Discussion Starter · #5 · (Edited)
I There is no maintenance order. My ex didnt want one as that would cause mrt to grant my visa as it would satisfy the condition of the visa. You are correct that my gf should be able to support herself. However her parents were supporting her and they are having difficulty as of the last year. Therefore i found it necessary to provide her accommodation and basic expenses while e she finishes. She is almost done with a bachelor degree which will enable her to be financially independent.
 

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Just to add Australia is now tough on thosw that have criminal records or charges. There have been quite a few peoole in the media recently about this one I believe was here in Australia for 20+ years on PR.

Did you disclose this charge on your visa application? If not then you provided false or misleading information.
 

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Discussion Starter · #8 ·
Just to add Australia is now tough on thosw that have criminal records or charges. There have been quite a few peoole in the media recently about this one I believe was here in Australia for 20+ years on PR.

Did you disclose this charge on your visa application? If not then you provided false or misleading information.
I did not as officially it was not recorded by the United States as a conviction. However the mugshot website is a commercial business using extortion as a means of generating revenue to have mugshots removed, as arrests are public records unless expunged because of no conviction. The website isnt an official record and states that on fine print and is subject to lawsuits itself. My police check done by FBI is 100% clean.
 

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Discussion Starter · #9 ·
Doesn't matter - you could have gone to Centrelink and said you wanted to get assessed to pay child support.
I did. That was my first idea in showing proof of ongoing support voluntary for my son to prove to mrt. I was told they cannot assess unless it is consented by both parties or done by court order. I waited in line twice for hours. Was there something else that could have been done?
 

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I did not as officially it was not recorded by the United States as a conviction. However the mugshot website is a commercial business using extortion as a means of generating revenue to have mugshots removed, as arrests are public records unless expunged because of no conviction. The website isnt an official record and states that on fine print and is subject to lawsuits itself. My police check done by FBI is 100% clean.
But at the time you applied for your 820 was it a pending charge? Because that needs to be disclosed on the application.

What was the date of the mug shot that was provided?
 

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I did. That was my first idea in showing proof of ongoing support voluntary for my son to prove to mrt. I was told they cannot assess unless it is consented by both parties or done by court order. I waited in line twice for hours. Was there something else that could have been done?
There are so many out there that need to pay child support that doesn't - I would assume they haven't given consent.

A family lawyer is always good in these situations.
 

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Discussion Starter · #12 ·
But at the time you applied for your 820 was it a pending charge? Because that needs to be disclosed on the application.

What was the date of the mug shot that was provided?
No it was not. I would have to take a look but it was 2 years before entering on my holiday visa which was 1 year, and i think that is 5 years now. And my 820 want cancelled because of that. It was my bridging A visa. After the lodge of the mrt. According to the legislation even if it were a pending charge, it didnt carry a prison sentence over a year.
 

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Discussion Starter · #13 · (Edited)
There are so many out there that need to pay child support that doesn't - I would assume they haven't given consent.

A family lawyer is always good in these situations.
I hired dA Family Lawyers in Brisbane. They sucked my money dry and didnt even finish an affidavit. I changed lawyers to James Noble and he was good but when i went to court they threw out my affidavit and i didn't understand why. I think it may have been because he didn't attend as i could not afford it because DA Family had drained my account previously and did absolutely nothing. I had to create one again and go for a hearing on April 29th of this new year. But i cant as i have been deported. The magistrate said I should go back home you selfish stupid idiot teenager. I hadn't said a single word in court other than a yes or no your honor. I recorded it (i know im not supposed to but glad i did) as i couldn't believe any judge would speak in that demeanor instead of remaining neutral and factual on a case. My USA lawyer who i sent it mentioned any us lawyer would have been fired for that comment. So add that to my grievances regarding the Australian government.
 

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I hired dA Family Lawyers in Brisbane. They sucked my money dry and didnt even finish an affidavit. I changed lawyers to James Noble and he was good but when i went to court they threw out my affidavit. I had to create one again and go for a hearing on April 29th of this new year. But i cant as i have been deported. So
Usually the lawyers will go to court on your behalf so you don't always need to be there.
 

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No it was not. I would have to take a look but it was 2 years before entering on my holiday visa which was 1 year, and i think that is 5 years now. And my 820 want cancelled because of that. It was my bridging A visa. After the lodge of the mrt. According to the legislation even if it were a pending charge, it didnt carry a prison sentence over a year.
Strange. Did the decision say why. As in did they use the words conviction or did they use charge? If so what date did they use? If no date was on the mug shot they could think that it was a recent charge.

Even if a pending charge at time of lodging it needs to be declared on the application
 

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Discussion Starter · #16 · (Edited)
Strange. Did the decision say why. As in did they use the words conviction or did they use charge? If so what date did they use? If no date was on the mug shot they could think that it was a recent charge.

Even if a pending charge at time of lodging it needs to be declared on the application
The decision was pending charge with the detail from the mugshot. The date was over 3 years ago and already closed in court before i applied for visa in the first place. But what rational department would use a unofficial third party website and make an assumption about a charge when clearly they could have easily accessed the public records from the states and seen my very recent police check considering i been in Australia over 2 years.

Seriously what is to stop anyone from photoshopping a guys face and abusing the system if immigration cant take the time to verify the legitimate police check i handed them while in detention?

This tells me they were doing exactly whatever they want as they can use character grounds as a broad power basically they can cancel a visa for any reason. So basically my ex got what she wanted and Australia cares less about fact finding.
 

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Maybe they thought that your police check was fake?

All I can say is that they are cracking down on criminal issues especially since the Sydney siege.

Do you have options to appeal to MRT/AAT?
 

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Discussion Starter · #18 · (Edited)
They can easily confirm it by calling the us government or using a secure link on the certificate. Australian police checks have the same features. They had no excuse to cancel my Bridging A.

I Cant appeal now as I am offshore. Had i appealed I would still be i detention and unable to work and support my gf.and like hell was I going to sit in detention another god knows how long considering everyone who has apealed has been there 3 6 months even years. Yes this is UKs and Kiwis Europeans. They warned me if they could have gone home they woukd have. Once u appeal u are stuck in there and u cant voluntary go home after changing ur mind from waiting, and if u are lucky u might be deported in several months and have to foot the bill. Then what happens in these detentions as even if they successful appeal they still deny the mrt appeal and find another reason. People are in there forever with no escape. I decided it would be in my best interest to leave voluntary while i still could.

There is no f**king way I was sitting in prison when i havent commited a crime!!!!!!
 

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The decision was pending charge with the detail from the mugshot. The date was over 3 years ago and already closed in court before i applied for visa in the first place. But what rational department would use a unofficial third party website and make an assumption about a charge when clearly they could have easily accessed the public records from the states and seen my very recent police check considering i been in Australia over 2 years.

Seriously what is to stop anyone from photoshopping a guys face and abusing the system if immigration cant take the time to verify the legitimate police check i handed them while in detention?

This tells me they were doing exactly whatever they want as they can use character grounds as a broad power basically they can cancel a visa for any reason. So basically my ex got what she wanted and Australia cares less about fact finding.
They don't take heresay or information on the web.
They would check with the authorities. What did they specifically state in their written decision to cancel your visa?
 

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Just a thought - did you ever check if you could get an 820 after a relationship breakdown with a child? I have never heard of anyone getting the 820 when it has broken down (doesn't mean it doesn't happen just that we have never seen it on this forum) only those that already had 820 when it broke down could get PR.

Maybe post in Ask Mark and see if he can suggest anything.
 
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