[loisylois83]

Hi everyone! I am glad I was able to see this forum when I was trying to figure out what is PIC 4017. I was just down today because my daughter's visa was being refused because she didn't satisfy this requirement. In lieu of my husband's signature I just sent an affidavit stating that my husband has abandoned us and we lost contact with him. Just this morning I was informed that he is a fugitive and he is hiding for a murder case. My question is, does a court certificate certifying that my husband is a fugitive will support the application of my daughter for a tourist visa (subclass 600)- short stay and does the certification will satisfy the requirement. I have also filed an annulment of marriage but the court is still on going.
Please enlighten me with this problem.

Many thanks,
Lois

 

[Mania]

PiC 4017

"The Minister is satisfied of 1 of the following:

(a) the law of the applicant’s home country permits the removal of the applicant;
(b) each person who can lawfully determine where the applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child order in force in relation to the applicant. "

 

[aussiesteve]

Hi everyone! I am glad I was able to see this forum when I was trying to figure out what is PIC 4017. I was just down today because my daughter's visa was being refused because she didn't satisfy this requirement. In lieu of my husband's signature I just sent an affidavit stating that my husband has abandoned us and we lost contact with him. Just this morning I was informed that he is a fugitive and he is hiding for a murder case. My question is, does a court certificate certifying that my husband is a fugitive will support the application of my daughter for a tourist visa (subclass 600)- short stay and does the certification will satisfy the requirement. I have also filed an annulment of marriage but the court is still on going.
Please enlighten me with this problem.

Many thanks,
Lois

Can you please clarify the situation. I presume that your statement "my daughter's visa was being refused" actually means the visa was refused?
You say your daughter was coming on a tourist visa, was your own visa granted?

 

[loisylois83]

Yes. My visa is approved and my daughter's visa application was refused because I cannot cause His biological father to sign the form 1229. My question is---does it help if I will secure a court certification stating that the biological father of my daughter is a fugitive and he is at large as of this moment and that we do not know his whereabouts.
Big thanks

 

[aussiesteve]

Yes. My visa is approved and my daughter's visa application was refused because I cannot cause His biological father to sign the form 1229. My question is---does it help if I will secure a court certification stating that the biological father of my daughter is a fugitive and he is at large as of this moment and that we do not know his whereabouts.
Big thanks

What you need is a court order granting you sole custody of your child.I am not sure how difficult, or how long it would take to get an order, but I do believe that there have been some other posters on this forum who have been in a similar position.
Have you been granted a multiple entry visa, or a single entry visa?
If it is a multiple entry visa, maybe you could leave your child with your family while the application for custody is processing, then once you have custody apply for a new visa for her.

 

[ampk]

I don't think it is a good DIY case and recommend RMA. As I understand it there are ways but not fast ones to deal with the issue

It can be very hard to get a visa for a child when the father is not around, we had big dramas and he had even signed the form 1229's but not to the liking of the Case Officer (they did not like the signature).

 

[aussiesteve]

I don't think it is a good DIY case and recommend RMA. As I understand it there are ways but not fast ones to deal with the issue

It can be very hard to get a visa for a child when the father is not around, we had big dramas and he had even signed the form 1229's but not to the liking of the Case Officer (they did not like the signature).

As it is only a tourist visa, it may be more cost effective to use the money they would have spent on a RMA on getting a sole custody order from the court, and solve the problem permanently. As you have already mentioned they didn't like the signature you had obtained, but a verified court order is hard to argue against.

 

[ampk]

Yes a court order is the end requirement to the problem.

But depending on the countries process is generally a lengthy process. The first part of the process is to try serve documents on the father, this seems problematic and to what extent will the court be satisfied that all reasonable options have been used to try serve the documents?

From memory and it was many moons ago. I recall a thread on here that an advertisement in newspapers for a period of time (3 months rings a bell) and possible some other means of public attempt of contact for an absent father, was used to obtain an exemption or something for the child to travel.

I just don't recall enough about it and the circumstances around it, but single mothers with vanished fathers is not uncommon.

A death certificate might come faster than a court order.