Australia Forum banner
Status
Not open for further replies.
1 - 20 of 25 Posts

·
Registered
Joined
·
13 Posts
Discussion Starter · #1 ·
Hi,

I'm new here. I'm Australian and my husband is from Kurdistan. I flew over to see him in December 2017. We applied for a PMV beginning of March 2018, and now we have applied for a Tourist Visa (subclass 600). 4 days after we submitted it, today I get the email saying it was refused, due to the CO in Jordan not believing my husband would go back home.
"I am not satisfied that clause 600.211 in Schedule 2 of the Migration
Regulations is satisfied." He hasn't traveled much (not everyone does), so that is another reason they added. They even mentioned about the 'civil unrest in Iraq', which would also mean he would overstay his visa... clearly. WHY would we jeopardise the PMV with him overstaying his visa... :confused:

We are using a Migration Agent and paid all fees, which are a little more pricey than other agents. The MA uploaded all the documents, but we were told not to purchase a flight. Which I found strange, as if he had a return ticket, he would be going home. He has property, has funds in his bank account (though being paid cash in Iraq, he only put it into the bank account in the last 2 months), employed, family in Erbil. I am employed, rental agreement sent in as well. We did everything they asked for.

How long do I have to wait to reapply? And is there anything else I could add to the application? Would buying a flight seem more legit?

Any info/help would be much appreciated. I've been bawling my eyes out since I got the email, and he is pretty upset about it all too. Worst Easter ever.
Thanks.
 

·
Registered
Joined
·
7,023 Posts
I have done this, the news is not good.

I spent 10's of thousands and had a bullet proof case after the first rejection.

But only if there was a right to review.

The only way was to leave a kid behind.

But nothing stops you applying again ASAP we did 3 times all within a week of refusal/s.

I feel for you.
 

·
Registered
Joined
·
3,340 Posts
ampk tells a common story. If a case officer decides to refuse a visa, it is difficult to reverse a decision. I suggest to visit your local member of parliament and find out he/she is prepared to write a letter in support of your application.

The biggest problem we face is that we have no way of appealing these decisions.
 

·
Premium Member
Joined
·
11,215 Posts
When they have cited civil unrest as a reason for rejection there is not much you can really do to disprove that.

You mention that he is your husband but you are applying for a PMV. A PMV is only for people who are not married but plan to marry within 9 months of the visa grant. Which visa did you apply for the 300 or 309? If you applied for the 309 then you could always try a sponsored family visitor visa.

Unfortunately, an approval of a non sponsored tourist visa from the middle eastern region is not very common.
 

·
Registered
Joined
·
13 Posts
Discussion Starter · #6 ·
When they have cited civil unrest as a reason for rejection there is not much you can really do to disprove that.

You mention that he is your husband but you are applying for a PMV. A PMV is only for people who are not married but plan to marry within 9 months of the visa grant. Which visa did you apply for the 300 or 309? If you applied for the 309 then you could always try a sponsored family visitor visa.

Unfortunately, an approval of a non sponsored tourist visa from the middle eastern region is not very common.
Sorry, I meant the Partner Visa 309 (mind is not with it right now). I had a 'very good' Migration Agent person tell me stories to lure me in and I believed it all unfortunately. :(
 

·
Registered
Joined
·
13 Posts
Discussion Starter · #7 ·
I have done this, the news is not good.

I spent 10's of thousands and had a bullet proof case after the first rejection.

But only if there was a right to review.

The only way was to leave a kid behind.

But nothing stops you applying again ASAP we did 3 times all within a week of refusal/s.

I feel for you.
Thanks, so much. I will apply again. I can't leave my kids behind, and my ex husband will not sign passports for them. Immigration (Jordan, Amman decided) broke the kids hearts too, they talk to my husband almost every day. :(
 

·
Premium Member
Joined
·
11,215 Posts
Sorry, I meant the Partner Visa 309 (mind is not with it right now). I had a 'very good' Migration Agent person tell me stories to lure me in and I believed it all unfortunately. :(
Try a sponsored tourist visa. You apply for the visa in Australia and sponsored the visa and if approved they may ask you for a bond which gets refunded when he leaves the country. The visa will also come with a no further stay which means you cannot extend the visa or apply for another visa while he is in Australia.

Obviously there is no guarantee that the sponsored tourist visa will be granted but it is at least worth a try, then at least you have tried everything.
 

·
Premium Member
Joined
·
6,612 Posts
When they have cited civil unrest as a reason for rejection there is not much you can really do to disprove that.
I have successfully done this several times. It requires some careful analysis about the area where the applicant is living, their living arrangements, their ethnicity, religion, politics and how they might or might not be affected by civil unrest etc.

It is often used as a catch-all reason to refuse a visa for applicants from certain countries.

This is one of the things that should be addressed up front where "Genuine Visitor" requirements are a potential issue.
 

·
Registered
Joined
·
13 Posts
Discussion Starter · #11 ·
Try a sponsored tourist visa. You apply for the visa in Australia and sponsored the visa and if approved they may ask you for a bond which gets refunded when he leaves the country. The visa will also come with a no further stay which means you cannot extend the visa or apply for another visa while he is in Australia.

Obviously there is no guarantee that the sponsored tourist visa will be granted but it is at least worth a try, then at least you have tried everything.
Roughly, how much would the bond be? I've spent over 20k so far and don't know if I could find a lot of money for a bond. :(
 

·
Registered
Joined
·
13 Posts
Discussion Starter · #12 ·
I have successfully done this several times. It requires some careful analysis about the area where the applicant is living, their living arrangements, their ethnicity, religion, politics and how they might or might not be affected by civil unrest etc.

It is often used as a catch-all reason to refuse a visa for applicants from certain countries.

This is one of the things that should be addressed up front where "Genuine Visitor" requirements are a potential issue.
He's not in any area where there is any civil unrest. The CO in Jordan, actually sent the link from smarttraveller, stating the 'do not travel to Iraq' etc. I was in Erbil in December and felt safer there than I did in some suburbs in Sydney! It was like the CO saw "Iraqi' citizen and instantly stamped visa refused because of where he is from.

My Migration lawyer just forwarded on the email and refusal letter, with nothing in the email. No sorry, maybe we could try this next. They got paid, and they did their job I guess. Not impressed with them at all!
 

·
Premium Member
Joined
·
11,215 Posts
Roughly, how much would the bond be? I've spent over 20k so far and don't know if I could find a lot of money for a bond. :(
That is up to the case officer to decide. I have heard of people having to pay no bond and others having to pay $5k.
 

·
Premium Member
Joined
·
6,612 Posts
He's not in any area where there is any civil unrest. The CO in Jordan, actually sent the link from smarttraveller, stating the 'do not travel to Iraq' etc. I was in Erbil in December and felt safer there than I did in some suburbs in Sydney! It was like the CO saw "Iraqi' citizen and instantly stamped visa refused because of where he is from.

My Migration lawyer just forwarded on the email and refusal letter, with nothing in the email. No sorry, maybe we could try this next. They got paid, and they did their job I guess. Not impressed with them at all!
Your lawyer should have addressed this up front, as it was bound to come up. Anything to do with Iraq will immediately raise a red flag.
 
  • Like
Reactions: Mish

·
Registered
Joined
·
28 Posts
Lawyers dont care, i had a lawyer casually say it'll be fine (easy) obviously wasn't n i got a refund. I'm living with my husband in Iraq now just to get his partner visa and its not going to be easy. We've done everything they asked for but we know theres still a high chance of rejection.

CO in Jordan even asked my husband why he never came to australia. He was honest and said in iraq they get paid cash in hand, he told her he knew his evidence was weak even though he wouldnt overstay. We selected a third country and met in Singapore as it was easier.

I'm worried for nichole's husband if he gets a blanket ban and his partner visa will automatically get rejected because his tourist visa got rejected.
 

·
Premium Member
Joined
·
6,612 Posts
I'm worried for nichole's husband if he gets a blanket ban and his partner visa will automatically get rejected because his tourist visa got rejected.
There is no such thing as a "blanket ban". Each visa subclass has its own criteria and exclusion periods may or may not apply.

Why would the refusal of a tourist visa affect a partner visa application, unless false documentation/information was provided? The criteria are totally different.
 

·
Premium Member
Joined
·
11,215 Posts
i sincerely hope you are correct, and they process his partner visa separately.
They do! My husband had 2 tourist visa rejections (high risk country with civil unrest) and he got his PMV. Both the partner visa and tourist visa have different criteria and both are assessed on their own merits.
 

·
Registered
Joined
·
28 Posts
They do! My husband had 2 tourist visa rejections (high risk country with civil unrest) and he got his PMV. Both the partner visa and tourist visa have different criteria and both are assessed on their own merits.
Fantastic! its not all doom and gloom for Mel9473! :) Btw did he ever get a tourist visa accepted?
 

·
Registered
Joined
·
13 Posts
Discussion Starter · #20 ·
They do! My husband had 2 tourist visa rejections (high risk country with civil unrest) and he got his PMV. Both the partner visa and tourist visa have different criteria and both are assessed on their own merits.
I don't think I am going to reapply, I don't want another tourist visa rejection on him. I've decided to fly back and meet him in Turkey for 3 weeks soon. I haven't' seen him since December. I was honestly hoping he would have gotten his tourist visa, but unfortunately not.
 
1 - 20 of 25 Posts
Status
Not open for further replies.
Top