Partner Visa Refusal due to missed email..

6302 Views 10 Replies 5 Participants Last post by Liiza, Nov 6, 2017

kerryscot

Discussion Starter · Nov 5, 2017

Hi Guys I am in a terrible situation.
My partner and I have been together for just over 7 years, in 2013 we were approved a 801 partner visa, in 2014 we had a child together (now 3 years old) and are due another baby.. I am from the UK and have a UK passport, my partner is Australian. In 2016 the department requested further info to process the 2nd part - 801 and I simply did not see the email that they sent

They sent it to my yahoo account which I never ever use due to junk mail issues.. I then recently found out that on 2 Aug 2017 they have refused my visa.... I am unable to reapply as I am outwith the 21 days to do so.

Due to this silly mistake I have no rights at all, my whole family is in jeopardy, I am seeking legal advice.. Just wondering if anyone else has had a similar situation?

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tijanaoc

· #2 · Nov 5, 2017

Not sure you have too many options - I would consult with a Registered Migration Agent ASAP (there are several very reputable agents who frequent this forum and come highly recommended).

Sorry to be blunt but it is your responsibility to keep your contact details up to date before you're granted PR. They wouldn't have picked your email address from thin air, it would have been provided by you at some stage. And if you have ceased using that email account for whatever reason, the onus is on you to update your contact details through immiaccount with your current email address. If your chosen method of communication was email and you gave them a yahoo email address all they can do is assume that you have access to the email address you gave them. They sent a request to the email address you gave them therefore they have fulfilled their legal obligations, and can only assume you have received the email.

Not sure you have too many options at this stage but to go offshore and apply again. On the plus side given the length of your relationship you would be eligible to be granted PR (100) directly after the TR (309) if you were to do it this way (which I have a feeling is about the only thing you can do).

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CCMS

· #3 · Nov 5, 2017 (Edited)

Unfortunately it is entirely your responsibility to provide the additional paperwork, when you become eligible. The Department has stopped sending out the 2 year notifications altogether now.

You may have to look at Ministerial Intervention, but is my understanding that you can't apply for Ministerial Intervention in the case of an onshore partner visa refusal, so an offshore application looks like the most likely pathway.

If you have been refused a Partner visa already while in Australia, the Minister has indicated that it is inappropriate to consider your case under the public interest powers. The Minister expects us to finalise such requests without further processing. , .

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kerryscot

Discussion Starter · #4 · Nov 5, 2017

Thank you for your input, it is very much appreciated. I am fully aware and accept responsibility for not updating my contact details - has to be the worse mistake of my life to date.. I have had an incredibly difficult couple of years with my son / work / life issues... I am not making excuses, just simply finding a reason why I did not prioritise this

I am so sad about this situation, I have my whole families life in jeopardy here...

Consulting with an immigration solicitor this morning, I really hope that someone somewhere will hear my case.

Thanks again.

Kerry

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tijanaoc

· #5 · Nov 5, 2017

Fair enough.
Good fortune!
I hope you will keep us updated, I'd be interested to know how it goes - particularly if the ministerial intervention is a viable option and if you're successful.

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kerryscot

Discussion Starter · #6 · Nov 5, 2017

Thank you, I certainly will let you all know how it turns out.

Kerry

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CCMS

· #7 · Nov 5, 2017 (Edited)

tijanaoc said:
Fair enough.
Good fortune!
I hope you will keep us updated, I'd be interested to know how it goes - particularly if the ministerial intervention is a viable option and if you're successful.

I have amended my previous comment.It is my understanding that you can't apply for Ministerial Intervention in the case of an onshore partner visa refusal, so an offshore application looks like the most likely pathway.

If you have been refused a Partner visa already while in Australia, the Minister has indicated that it is inappropriate to consider your case under the public interest powers. The Minister expects us to finalise such requests without further processing.

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CollegeGirl

· #8 · Nov 6, 2017

CCMS said:
I have amended my previous comment.It is my understanding that you can't apply for Ministerial Intervention in the case of an onshore partner visa refusal, so an offshore application looks like the most likely pathway.

If you have been refused a Partner visa already while in Australia, the Minister has indicated that it is inappropriate to consider your case under the public interest powers. The Minister expects us to finalise such requests without further processing.

I can't imagine how many people are suddenly going to find themselves with no visa with no notification at all. I get personal responsibility, etc. (I mean, you know me - I was waiting with bated breath to submit my 801 documents the second the system would let me) but MOST people are not like our forum denizens and don't sit around thinking about immigration all the time. Two years is a loooong time to wait and I'd think it'd be pretty easy to forget when you're living your day-to-day life. But then - people on tourist visas don't get reminders their visa is about to expire, so I guess this is similar.

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CCMS

· #9 · Nov 6, 2017

CollegeGirl said:
I can't imagine how many people are suddenly going to find themselves with no visa with no notification at all. I get personal responsibility, etc. (I mean, you know me - I was waiting with bated breath to submit my 801 documents the second the system would let me) but MOST people are not like our forum denizens and don't sit around thinking about immigration all the time. Two years is a loooong time to wait and I'd think it'd be pretty easy to forget when you're living your day-to-day life. But then - people on tourist visas don't get reminders their visa is about to expire, so I guess this is similar.

Another reason to use a migration agent and get them to take care of the second stage as well.

I fully understand that life often gets in the way of these things and I feel terribly sorry for the OP (and anyone else in similar circumstances), but the Australian immigration system is very unforgiving. The reliance on email, especially some old email address you seldom use is also a worry. Sometimes you may be better off providing a secure postal address and not tick the email option.

All that is academic now as far as partner visas are concerned, as you will no longer be notified.

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Liiza

· #10 · Nov 6, 2017

CollegeGirl said:
I can't imagine how many people are suddenly going to find themselves with no visa with no notification at all. I get personal responsibility, etc. (I mean, you know me - I was waiting with bated breath to submit my 801 documents the second the system would let me) but MOST people are not like our forum denizens and don't sit around thinking about immigration all the time. Two years is a loooong time to wait and I'd think it'd be pretty easy to forget when you're living your day-to-day life. But then - people on tourist visas don't get reminders their visa is about to expire, so I guess this is similar.

Sorry to jump in. I had a 'wow' look on my face reading that Immigration no longer send you a reminder for submission of further evidence for the second part of the visa application process. As you mentioned, 2 yrs is a long time. I automatically thought Immi email you when you are getting close to PR with instructions on what you need to do. I have a way to go myself as I haven't even got to stage 1 yet but definitely will be keeping this in mind to keep my eyes and ears peeled. Eeeek.

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Liiza

· #11 · Nov 6, 2017

I never realised that Immigration no longer give you a heads up in regards to further info needed for stage 2. I am glad I came across this post and your reply.

CCMS said:
Unfortunately it is entirely your responsibility to provide the additional paperwork, when you become eligible. The Department has stopped sending out the 2 year notifications altogether now.

You may have to look at Ministerial Intervention, but is my understanding that you can't apply for Ministerial Intervention in the case of an onshore partner visa refusal, so an offshore application looks like the most likely pathway.

If you have been refused a Partner visa already while in Australia, the Minister has indicated that it is inappropriate to consider your case under the public interest powers. The Minister expects us to finalise such requests without further processing. , .

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